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� I <br /> City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 <br /> (305)947-0606 phone (305)949-3113 Fax <br /> indemnification and obligations hereunder. The insurance policy(ies)shall be issued by companies <br /> authorized to do business under the laws of the State of Florida and acceptable to the City with a <br /> minimum A.M.Best rating of A-Excellent. Before any work under this Agreement is performed, <br /> and at any time upon request, Contractor shall furnish to the City certificates of insurance <br /> evidencing the minimum required coverage and shall be appropriately endorsed for <br /> contractual liability, with the City named as additional insured. All policies shall contain a <br /> waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by <br /> insurance companies acceptable to the City Manager or his designee. All insurance policies and <br /> certificates of insurance shall provide that the policies may not be canceled or altered without thirty <br /> (30) days prior written notice to the City. The City reserves the right from time to time to change <br /> the insurance coverage and limits of liability required to be maintained by Contractor hereunder. <br /> Contractor shall also require and ensure that each of its sub-contractors providing services hereunder <br /> (if any) procures and maintains, until the completion of the services, insurance of the types and to <br /> the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS <br /> IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. <br /> 8. TERMINATION AND REMEDIES FOR BREACH. <br /> A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in <br /> a timely manner or otherwise violate any of the covenants,agreements or stipulations <br /> material to this Agreement,the City shall have the right to terminate the Services then <br /> remaining to be performed. Prior to the exercise of its option to terminate for cause, <br /> the City shall notify the Contractor of its violation of the particular terms of the <br /> Agreement and grant Contractor ten (10) calendar days to cure such default. If the <br /> default remains uncured after ten (10) calendar days the City may terminate this <br /> Agreement,and the City shall receive a refund from the Contractor in an amount equal <br /> to the actual cost of a third party to cure such failure.If Contractor fails, refuses or is <br /> unable to perform any term of this Agreement,City shall pay for services rendered as <br /> of the date of termination. <br /> (i.) In the event of termination,all finished and unfinished documents,data and other <br /> work product prepared by Contractor (and sub-Contractor(s))shall be delivered <br /> to the City and the City shall compensate the Contractor for all Services <br /> satisfactorily performed prior to the date of termination, as provided herein. <br /> (ii.) Notwithstanding the foregoing,the Contractor shall not be relieved of liability to <br /> the City for damages sustained by it by virtue of a breach of the Agreement by <br /> Contractor and the City may reasonably withhold payment to Contractor for the <br /> purposes of set-off until such time as the exact amount of damages due the City <br /> from the Contractor is determined. <br /> B. Termination for Convenience of City.The City may,for its convenience and without <br /> cause immediately terminate the Services then remaining to be performed at any time <br /> by giving twenty (20)calendar days written notice. The terms of Paragraph A(i)and <br /> A(ii)above shall be applicable hereunder. <br /> 2019-5737 Envirowaste Services Group,Inc 4 <br />