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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305) 947-0606 phone(305) 949-3113 Fax <br /> Agreement is performed, and at any time upon request, Contractor shall furnish to the City <br /> certificates of insurance evidencing the minimum required coverage and shall be <br /> appropriately endorsed for contractual liability, with the City named as additional insured. <br /> All policies shall contain a waiver of subrogation endorsement. All policies and certificates <br /> shall be in forms and issued by insurance companies acceptable to the City Manager or his <br /> designee. All insurance policies and certificates of insurance shall provide that the policies <br /> may not be canceled or altered without thirty (30) days prior written notice to the City. <br /> Contractor shall also require and ensure that each of its sub-Contractors providing services <br /> hereunder (if any) procures and maintains, until the completion of the services, insurance of <br /> the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE <br /> REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY <br /> THE CITY. <br /> 10. TERNIINATION AND REMEDIES FOR BREACH. <br /> A. If, through any cause within reasonable control, the Contractor shall fail to fulfill <br /> in a timely manner or otherwise violate any of the covenants, agreements or <br /> stipulations material to this Agreement, the City shall have the right to terminate <br /> the Services then remaining to be performed. Prior to the exercise of its option to <br /> terminate for cause, the City shall notify the Contractor of its violation of the <br /> particular terms of the Agreement and grant Contractor ten (10) days to cure such <br /> default. If the default remains uncured after ten (10) days the City may terminate <br /> this Agreement, and the City shall receive a refund from the Contractor in an <br /> amount equal to the actual cost of a third party to cure such failure. If Contractor <br /> fails, refuses or is unable to perform any term of this Agreement, City shall pay for <br /> services rendered as of the date of termination. <br /> (i.) In the event of termination, all finished and unfinished documents, data and <br /> other work product prepared by Contractor shall be delivered to the City and <br /> the City shall compensate the Contractor for all Services satisfactorily <br /> performed prior to the date of termination. <br /> (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability <br /> to the City for damages sustained by it by virtue of a breach of the Agreement <br /> by Contractor and the City may reasonably withhold payment to Contractor <br /> for the purposes of set-off until such time as the exact amount of damages due <br /> the City from the Contractor is determined. <br /> B. Termination for Convenience of City. The City may, for its convenience and <br /> without cause terminate the Services then remaining to be performed at any time <br /> by giving Contractor ten (10) days written notice. The terms of Paragraph l0A(i) <br /> and 10A(ii)above shall be applicable hereunder. <br /> C. Termination for Insolvency. The City also reserves the right to terminate the <br /> remaining Services to be performed in the event the Contractor is placed either in <br /> voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br /> creditors. <br /> Clean Space,Inc.C2019-7260 5 <br />