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Agreement 04-2680 <br /> Project No.0418000174 <br /> Non-parties <br /> 58. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, <br /> obligations, or rights in PARTIES not signatory to this AGREEMENT. PARTIES do not <br /> intend this AGREEMENT to affect their legal liability by imposing any standard of care for <br /> fulfilling the WORK different from the standards imposed by law. <br /> 59. PARTIES will not assign or attempt to assign obligations to PARTIES not signatory to this <br /> AGREEMENT without an amendment to this AGREEMENT. <br /> Ambiguity and Performance <br /> 60. CITY will not interpret any ambiguity contained in this AGREEMENT against CALTRANS. <br /> CITY waives the provisions of California Civil Code section 1654. <br /> A waiver of a PARTY's performance under this AGREEMENT will not constitute a <br /> continuous waiver of any other provision. <br /> 61. A delay or omission to exercise a right or power due to a default does not negate the use of that <br /> right or power in the future when deemed necessary. <br /> Defaults <br /> 62. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request <br /> in writing that the default be remedied within thirty (30)calendar days. If the defaulting <br /> PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution. <br /> Dispute Resolution <br /> 63. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as <br /> described in the Quality Management Plan. If they cannot resolve the dispute themselves,the <br /> CALTRANS district director and the executive officer of CITY will attempt to negotiate a <br /> resolution. If PARTIES do not reach a resolution, PARTIES' legal counsel will initiate <br /> mediation. PARTIES agree to participate in mediation in good faith and will share equally in <br /> its costs. <br /> Neither the dispute nor the mediation process relieves PARTIES from full and timely <br /> performance of the WORK in accordance with the terms of this AGREEMENT. However, if <br /> any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to <br /> ensure that the WORK continues. <br /> Project Development Agreement 2017-02-17 (Created October 12,2017) 11 of 14 <br />