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B. Unless otherwise directed by the CITY, FIRST TRANSIT shall continue <br /> performance 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 FIRST TRANSIT 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 ar FIRST TRANSIT shall constitute a waiver of any right <br /> or duty afforded any of them under the Agreement, nor shall any such action or <br /> failure to act constitute an approval of or acquiescence in any breach thereunder, <br /> except as 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 FIRST TRANSIT when it is in the CITY`s best interest. If this contract <br /> is terminated, the CITY shall be liable only for payment under the payment <br /> provisions of this contract for services rendered before the effective date of <br /> termination. <br /> B. If FIRST TRANSIT fails to perform in the manner called for in the contract, or if <br /> FIRST TRANSIT fails to comply with any other provision of the contract,the CITY <br /> may terminate this contract for default. Termination shall be effected by serving a <br /> notice of termination on FIRST TRANSIT setting forth the manner in which FIRST <br />, TRANSIT is in default. FIRST TRANSIT shall only be paid the contract price for <br /> services performed in accordance with the manner of performance set forth in the <br /> contract. <br /> If it is later determined by the CITY that FIRST TRANSIT had an excusable reason <br /> for not performing,such as a strike,fire,or flood,events which are not the fault of or <br /> are beyond the control of FIRST TRANSIT, the CITY, after setting up a new <br /> performance schedule,may allow FIRST TRANSIT to continue work,or it may treat <br /> the termination as a termination for convenience. <br /> C. The CITY in its sole discretion may, in the case of a termination for breach or <br /> default, allow FIRST TRANSIT an opportunity to cure the defect. In such case,the <br /> notice of termination shall state the time period in which cure is permitted and all <br /> other appropriate conditions. The time period in which cure is permitted shall be no <br /> 10 <br />