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r ' . <br /> and maintains such deposit until such time as a final <br /> judicial decision or agreement between the parties <br /> determines the rightful disposition of the said amount in <br /> controversy; provided that Contractor shall be deemed to <br /> have waived all claims to the said amount if no agreement is <br /> reached nor any legal proceedings initiated within ninety <br /> ( 90 ) days of the Contractor ' s service of notice of default <br /> on the City. <br /> 12 . Use by City of Contractor' s Equipment <br /> Upon cancellation of the Contract by either party <br /> for any reason prior to the end of the period specified <br /> herein as the term of the Contract, the City shall have the <br /> exclusive right to rent or lease and operate any or all <br /> trucks, trailers , tractors and other items of equipment used <br /> by Contractor in the performance of the work specified in <br /> these specifications . The right of the City to enter upon <br /> and use facilities and equipment as specified herein shall <br /> extend following the date of cancellation of the contract <br /> for a period of ninety (90 ) days . The rental prices to be <br /> paid the Contractor under this section shall be such to <br /> adequately reflect the most current rental prices prevailing <br /> in the area at the date of termination . <br /> Any moneys due the Contractor for rental of the <br /> equipment under the provisions of this section may be <br /> withheld by the City and used by it for the purpose of <br /> paying any outstanding liens or payments due and unpaid upon <br /> the said equipment . <br /> 13 . <br />