Reso 2020-3067 - Laserfiche WebLink

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:City of Sunny 1slec Beeth 15070 Collins Avenue, Sunny Isles Beach, Florida 33160 . (305) 947-0606 phone(305) 949-3113 Fax 8. TERMINATION AND REMEDIES FOR BREACH. A. if,through any cause within reasonable control- the Contactor shall fail to f'uliill in a timely manner or ,otherwise violate any of the covenants, agreements or stipulations material to this Agreement,the City shall have the right to terminate the Services then remaining to he performed. Prior to the exercise of its option to terminate fir cause, the City shall notify the Contractor of.its violation of the particular terms of the Agreement and grant Contractor'len(10)days written notice to cure such default. If the default remains uncured after Ten(1 0)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. (i) In the event of tentlination,all finished and unfinished documents,data and other work product prepared by Contractor shall be delivered to the City and the City will only be responsible for paying the Contractor for Services satisfactorily performed prior to the date of termination. Under rib circumstances will the City be responsible for monthly service charges for the remaining, unexpired portion of the then existing term. (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 Icer • the purposes of set-oil'until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination Jig Convenience ol'City.The City may,Cor its convenience and without cause terminate the Services then remainiiig to be performed at any time by giving Ten (10)days written notice,The terms of Paragraph 2SA(i)and A(ii)above shall be applicable hereunder. C. 'Termination for insolvency. 'l'he City also reserves the right to terminate the remaining Services to he perlonned in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. D. Escalation Process. Notwithstanding the City's right to terminate the Services with or without cause. the City shall also have the alternative option to the dispute resolution escalation process outlined in Section 3.5 of 1113 No. 16-03-01. 9, GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement shall •. ' he-governed by,Construed and enforced in accordance with the laws of the State of Florida. Venue for any legal procccdit Ball—bc in Miami Dal�Ci urrty-1=lorida—ln the event it becomes necessary For the City to tile a lawsuit to enforce any term or provision under this Agreement and-, the City is the prevailing party then the City shall he entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. 4 SIB C6189.15 164169 ACADEMY BUS,LLC.