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to the Decatur City Clerk. In connection with any such appeal, CONTRACTOR <br /> shall be afforded an opportunity to be heard and to offer evidence in support of its <br /> position. The decision of the Decatur City Council on appeal shall be binding upon <br /> CONTRACTOR which shall abide be the decision. <br /> B. Unless otherwise directed by the CITY,CONTRACTOR shall continue performance <br /> under this Agreement while matters in dispute are being resolved. <br /> C. Unless this Agreement provides otherwise, all claims, counterclaims, disputes and <br /> other matters in question between the CITY and CONTRACTOR arising out of or <br /> relating to this Agreement or its breach shall be decided by arbitration if the parties <br /> mutually agree, or in a court of competent jurisdiction within the State of Illinois. <br /> D. The duties and obligations imposed by the Agreement and the rights and remedies <br /> 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 <br /> failure to act by the CITY or CONTRACTOR shall constitute a waiver of any right or <br /> duty afforded any of them under the Agreement,nor shall any such action or failure <br /> to act constitute an approval of or acquiescence in any breach thereunder, except as <br /> may be specifically agreed in writing. <br /> 23. TERMINATION <br /> A. The CITY may terminate this Agreement, in whole or in part,at any time by written <br /> notice to the CONTRACTOR when it is in the CITY's best interest. If this <br /> Agreement is terminated, the CITY shall be liable only for payment under the <br /> payment provisions of this Agreement for services rendered before the effective date <br /> of termination. <br /> 13 <br />