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to be a waiver thereof, but any such right or option maybe exercised from time to time and <br />as often w may be deemed expedient by ODOT. <br />4.5 In the event a dispute arises regarding payment of any charges for repair or removal of the <br />CITY's name on the fencing by ODOT, notification of such dispute shall be sent to the <br />Director of the Ohio Department of Transportation and a designated representative of the <br />CITY, in writing, within thirty (30) days of discovery of such dispute. In such notification, <br />the disputing party shall present such evidence as may support their position. Within a <br />reasonable time, the Director and a designated representative of the CITY shall review the <br />facts and circumstances surrounding the dispute for the purpose of determination. Said <br />dispute regarding payment shall be resolved within a reasonable period of time. <br />5 TIME OF PERFORMANCE <br />5.1 This Agreement shall last for the duration of the industry life expectancy of the <br />IMPROVEMENT provided herein, unless otherwise agreed to in writing by both ODOT <br />and the CITY; or unless otherwise terminated under Section 4 or Section 7. <br />5.2 This agreement may be terminated by either party upon ninety (90) days written notice to <br />the other party. <br />6 NOTICE <br />6.1 Notice under this Agreement shall be directed as follows: <br />City of North Olmsted, Ohio Ohio Department of Transportation <br />Attn: City Engineer District 12 <br />5200 Dover Center Road Atm: Bridge Design Engineer <br />North Olmsted, OH 44070 5500 Transportation Boulevard <br />Garfield Heights, OH 44125 <br />7 DEFAULT AND BREACH OF CONTRACT <br />7.1 Neglect or failure of the CITY to comply with any of the terms, conditions, or provisions <br />of this Agreement, including misrepresentation of fact, shall be an event of default, unless <br />such failure or misrepresentation are the result of natural disasters, strikes, lockouts, acts <br />of public enemies, insurrections, riots, epidemics, civil disturbances, explosions, orders of <br />any kind of governments of the United States or State of Ohio or any of their departments <br />or political subdivisions (EXCEPT THOSE REASONABLY FORESEEABLE IN <br />CONNECTION WITH THE USES CONTEMPLATED BY THIS AGREEMENT), or any <br />other cause not reasonably within the CITY'S control. The CITY, however, shall remedy <br />as soon as possible each cause preventing its compliance with this Agreement. <br />Page 5 of 7 <br />