Shiff's Exhibit 1 - 15 - Laserfiche WebLink

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Np h x • CITY is SUNNYISIES BEACH , „ ,. . . 1807,0 Collins'Avenue rs �� '` Sunny'Isle;8eoch, Flo�da`33160 too ti 30.. .94f 0606• �� a5 WWW 5 bfl.net i( 4 ~ — Oh}Of 511 ►�9 2.45 EVENT OF DEFAULT An Event of Default shall mean a breach of the Agreement by the Contractor. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include the following: 1. The Contractor has not delivered Deliverables on a timely basis; 2. The Contractor has refused or failed, except in any case for which an extension of time is provided, to supply enough properly skilled staff personnel; 3. The Contractor has failed to make prompt payment to subcontractors or suppliers for any Services; 4. The Contractor has become insolvent (other than as interdicted by the bankruptcy laws), or has assigned the proceeds received for the benefit of the Contractor's creditors, or the Contractor has taken advantage of any insolvency statute or debtor/creditor law or if the Contractor's affairs have been put in the hands of a receiver; 5.The Contractor has failed to obtain the approval of the City where required by the Agreement; 2.46 REMEDIES IN THE EVENT OF DEFAULT If an Event of Default occurs, the Contractor shall be liable for all damages resulting from the default, including but not limited to: A. Lost revenues; B. The difference between the cost associated with procuring Services hereunder and the amount actually expended by the City for procurement of Services, including procurement and administrative costs; and, C. Such other direct damages. The Contractor shall also remain liable for any liabilities and claims related to the Contractor's default.The City may also bring any suit or proceeding for specific performance or for an injunction. 2.47 ONE YEAR CORRECTION PERIOD In the event any work is found to be defective within one year after the date of Final Completion, Contractor shall promptly, without cost to City and in accordance with City's written instructions, either correct such defective Work, or, if it has been rejected by City, remove it from the site and replace it with non-defective Work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement(including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be promptly paid by Contractor. Nothing in this ITB or the Contract shall be construed as a limitation on any right or , City of Sunny;Isles:Beach .l..lnuitatian.:to Bid No:.GATEWAY.PARK CENTER 19.0.17.0.1:z,25 ..