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<br />' Salem Area Mass Transit District/Marion County IFB 00-03 43
<br />r TAB Services
<br />fault of and are beyond the control of the Contractor, the Recipient, after setting up a new work
<br />schedule, may allow the Contractor to continue work, or treat the termination as a termination for
<br />convenience.
<br />2) In connection with the performance by Contractor of work or services within the scope
<br />of this Agreement, Contractor agrees to comply with the following provisions, which
<br />need not be included in subcontracts:
<br />Dispute Resolution
<br />Disputes - Disputes arising in the performance of this Contract which are not resolved by
<br />agreement of the parties shall be decided in writing by the authorized representative of
<br />Recipient's Contract Officer. This decision shall be final and conclusive unless within ten (10)
<br />days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written
<br />appeal to the General Manager. In connection with any such appeal, the Contractor shall be
<br />afforded an opportunity to be heard and to offer evidence in support of its position. The decision
<br />of the General Manager shall be binding upon the Contractor and the Contractor shall abicle be
<br />the decision. In the event that the decision of the General Manager is contrary to law or violates
<br />the terms of the Contract, Contractor may pursue such remedy or relief as may be available for
<br />breach of Contract.
<br />Performance During Dispute - Unless otherwise directed by Recipient, Contractor shall
<br />continue performance under this Contract while matters in dispute are being resolved.
<br />Claims for Damages - Should either party to the Contract suffer injury or damage to person or
<br />property because of any act or omission of the party or of any of his employees, agents or others
<br />for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such
<br />other party within a reasonable time after the first observance of such injury of damage.
<br />Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
<br />other matters in question between the Recipient and the Contractor arising out of or relating to
<br />this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a
<br />court of competent jurisdiction within the State in which the Recipient is located.
<br />Rights and Remedies - The duties and obligations imposed by the Contract Documents and the
<br />rights and remedies available thereunder shall be in addition to and not a limitation of any duties,
<br />obligations, rights and remedies otherwise imposed or available by law. No action or failure to
<br />act by the Recipient, Architect or Contractor shall constitute a waiver of any right or duty
<br />afforded any of them under the Contract, nor shall any such action or failure to act constitute an
<br />approval of or acquiescence in any breach thereunder, except as may be specifically agreed in
<br />writing.
<br />Indemnity - The Contractor shall, to the extent permitted by law:
<br />Protect, indemnify and save the Recipient and its officers, employees and agents,
<br />including consultants, harmless from and against any and all liabilities, damages, claims,
<br />demands, liens, encumbrances, judgments, awards, losses, costs, expenses, and suits or actions or
<br />proceedings, including reasonable expenses, costs and attorney fees incurred by the Recipient
<br />and its officers, employees and agents, including consultants, in the defense, settlement or
<br />satisfaction thereof, for any injury, death, loss or damage to persons or property of any kind
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