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6.1.C. - Page 16 <br /> 33. Disputes. <br /> 33.1. Disputes Generally. Any dispute, other than audit, concerning a question <br /> of fact arising under this Agreement that is not disposed of by agreement shall be <br /> decided by a committee consisting of the City's Contract Manager and the <br /> Community Development Director, who may consider written or verbal <br /> information submitted by Consultant. Not later than 30 days after completion of <br /> all deliverables necessary to complete the Services under this Agreement, <br /> Consultant may request review by the City Manager of unresolved claims or <br /> disputes, other than audit. The request for review must be submitted in writing. <br /> Neither the pendency of a dispute, nor its consideration by City will excuse <br /> Consultant from full and timely performance in accordance with the terms of this <br /> Agreement. <br /> 33.2. Audit Review Disputes. Any dispute concerning a question of fact arising <br /> under an interim or post audit of this Agreement that is not disposed of by <br /> agreement shall be reviewed by City's Finance Director. Not later than 30 days <br /> after issuance of the final audit report, Consultant may request a review by City's <br /> Finance Director of unresolved audit issues. The request for review will be <br /> submitted in writing. Neither the pendency of a dispute nor its consideration by <br /> City will excuse Consultant from full and timely performance, in accordance with <br /> the terms of this Agreement. <br /> 34. Remedies. City shall have the right, in addition to any other administrative, <br /> contractual, or legal rights or remedies, to institute any action at law or in equity to cure, <br /> correct, prevent or remedy any violation of breach of this Agreement, or to recover <br /> damages for any violation or breach, or to obtain any other remedy consistent with the <br /> purpose of this Agreement. <br /> 35. Certifications. The certifications attached as Exhibit "D" are incorporated herein <br /> by this reference and made a part hereof. <br /> 36. Authority. The individuals executing this Agreement and the instruments <br /> referenced in it on behalf of Consultant each represent and warrant that they have the <br /> legal power, right and actual authority to bind Consultant to the terms and conditions of <br /> this Agreement. <br /> �Signature Page Follows] <br /> ATTY/AGR/2013.039/FHWA CALTRANS FUNDED PROFESSIONAL AGR WALK BIKE ASSESSMENTS <br /> REV:03-14-13 VR <br /> Page 13 of 30 <br />