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22. DISPUTE RESOLUTION <br /> A. Disputes arising in the performance of this Agreement which are not resolved by <br /> agreement of the parties shall be decided in writing by the Decatur City Council. <br /> This decision shall be final and conclusive unless within ten(10) days from the date <br /> of receipt of its copy, CONTRACTOR mails or otherwise furnishes a written appeal <br /> to the City Clerk. In connection with any such appeal, CONTRACTOR shall be <br /> afforded an opportunity to be heard and to offer evidence in support of its position. <br /> The decision of the City Council on appeal shall be binding upon CONTRACTOR <br /> 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 contract, 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 contract <br /> 13 <br />