Reso 2019-2948 - Laserfiche WebLink

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• TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST RG APPROVED 1N WRITING BY THE CITY.• - 8. TERMINATION AND REMEDIES FOR BREACH. • A. If,though any cause.within reasonable control,the Contractor shall fail to fulfill in a timely manner or otherwise violate any: of the covenants, agreements or g stipulations material to this Agreement,the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms cf the Agreement and grant Contractor ten (1 O) days to cure such default. If the default remains uncured after ten(10) days the City may terminate • this Agreement,and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, • refuses or is unable to perform any term of this Agieement, City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub-Contractor (s) shall he delivered to the City and the City shall compensate the Contractor for all Services satisfactorily perfoimied prior to the date of termination,as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing,the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City May reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. • • B. Termination for Convenience of City.The City may,for its convenience and without cause terminate the Services then remaininghe to performed at any time by giving 1 Contractor ten(10)clays written notice.The teens of Para graph A(i)and A(ii)above shall be applicable hereunder, C. 'termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 9. JURISDICTION VENUE AND WAIVER Uk Jt1RY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the Slate of Florida. All parties agree and accept that jurisdiction sof any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh'Judicial Circuit in and for Miami I}ade County, • Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts; forsaking any other jurisdiction which either party may claim by virtue•of its residency or other jurisdictional device. In the event it becomes necessary for the City to file,a lawsuit to 4 097.021 Maiti a•Sans Residential Services