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r fails to make ro ress as to I <br /> spccified hcrcm or any cxtcnsi�n thcre�f; �r if thc C�ntract� r � <br /> endanger performance of this Agreement in accordance with its terms, and in either of <br /> these two circumstances does not cure such failure within a period of ten(10) days (or <br /> such longer period as the City may authorize in writing) after receipt of notice from the ' <br /> City specifying such failure. �� <br /> If the Agreement is terminated in whole or in part for default, the City may procure, upon ! <br /> such terms and in such manner as the City may deem appropriate, services similar to ' <br /> those so terminated. The Contractor shall be liable to the City for any excess costs for <br /> such similar services, and shall continue the performance of this Agreement to the extent <br /> not terminated under the provisions of this clause. <br /> Except with respect to defaults of subcontractors,the Contractor shall not be liable for <br /> any excess costs if the failure to perform the Agreement arises out of causes beyond the <br /> control and without the fault or negligence of the Contractor. If the failure to perform is <br /> caused by the default of a subcontractor, and if such default arises out of causes beyond <br /> the control of both the Contractor and subcontractor, and without the fault and negligence <br /> of either of them,the Contractor shall not be liable for any excess costs for failure to <br /> perform, unless the services to be furnished by the subcontractor were obtainable from <br /> other sources in sufficient time to permit the Contractor to meet the required delivery <br /> schedule. <br /> Payment for services rendered and accepted by the City shall be at the Agreement price. <br /> The City may withhold from amounts otherwise due the Contractor for such services <br /> such sum as the City detertnines to be necessary to protect the City against loss because <br /> of outstanding liens or claims of former lien holders. <br /> If, after notice of termination of this Agreement under the provisions of this clause, it is <br /> determined for any reason that the Contractor was not in default under the provisions of <br /> this clause, or that the default was excusable under the provisions of this clause, the rights <br /> and obligations of the parties shall be the same as if the notice of termination had been <br /> issued pursuant to tertnination for convenience of the City. <br /> The rights and remedies of the City provided in this clause shall not be exclusive and are <br /> in addition to any other rights and remedies provided by law or under this contract. <br /> 11. DISPUTES <br /> Except as otherwise provided in this Agreement, any claims, disputes or other matters <br /> concerning a question of fact arising under this Agreement, or breach thereof, which is not <br /> disposed of by mutual agreement shall be decided by arbitration. Demand for arbitration shall be <br /> filed in writing with the other party to this Agreement within a reasonable time after the claim, <br /> dispute or question has arisen. Demand for arbitration must be filed before the date when <br /> institution of legal or equitable proceedings based on such claim, dispute or question would be <br /> barred by the applicable statutes of limitations. Arbitration shall be before a panel of three <br /> persons selected by the mutual consent of the two parties to this Agreement. <br /> No arbitration relating to this Agreement shall include any party who is not a party to this <br /> Agreement, except by written approval of the City and the Contractor. <br /> Decatur Public Transit System 9 Tire Lease Agreement <br />