Transit- Meeting Agenda (12/18/1997)

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c. The CONTRACTOR agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 5.31 Disputes Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the Planning and Marketing Manager of DISTRICT. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the CONTRACTOR mails or otherwise fumishes a written appeal to the Ge~,sral Manager of DISTRICT. In connection with any such appeal, the CONTRACTOR shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the General Manager of DISTRICT shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide bey the decision. 5.32 PerFormance During Dispute Unless otherwise directed by DISTRICT, CONTRACTOR shall continue perforrnance under this Contract while matters in dispute are being resolved. 5.33 Order of Precedence In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence as follows: 1. Federal statutes and regulations 2. Oregon statutes and administrative n.~les; 3. Contract; and 4. ReQUest for Proposal (RFP)• Oqeration of Special Transportation Services for Salem Oreqon, signed and dated July 26, 1996. 5.34 Claims for Damages Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. 5.35 Rights and Remedies The duties and obligations imposed by the Contract and the rights and remedies available thereunder shall be in addition aid and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the DISTRICT ar CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such ,~ 126 CHERRYLIFf CONTRACT AGREEMENT#1296. LIF~