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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 />minimum A.M. Best rating of A•Excellcnt. Before soy work under this Agreement b <br />performed, and at any time upon request, Consultant shall famish to the City certificates <br />of insurance evidencing the minimum required coverage and shall be appropriately <br />endorsed for contractual liability, with the City rented as additional insured. All policies <br />shall contain a waiver of subrogation endorsement, All policies and certificates shall be in forms <br />and issued by insurance companies acceptable to the City Manager orhis designee—All insurance <br />policies and certificates of insurance shall provide that the policies maynot be canceled or altered <br />without thirty (30) days priorwritteo notice to the City. Consultant shall also require and ensure <br />that each of its sub -Consultants providing services hereunder (if any) procures and maintains, <br />until the completion of the services, insurance of the types and to the limits specified heroin. ANY <br />EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN TFUS SEs: ON KUST 138 <br />APPROVED IN WRITING BY THE CI'T'Y, <br />8. TERMINATION AND RENIEDILS FOR BREACH. <br />A. If, through any cause within reasonable control, the Consuhant shall fail to Hfitl <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 thea remaining to be performed. Prior to the exercisr of its option to <br />terminate for cause, the City shall notify the Consultant of its violation of the <br />particular tertas of the Agreement and grant Consultant lea (10) days to curd such <br />default. If the default remains uncured atter ten (10) days tie City may terminate <br />this Agreement, and the City shall receive a refund from the Consultant in an <br />amount equal to the actual cost of a third party to cure such.fantire, if Consultant <br />falls, refuses or is unable to perform any terns of this Agreement, City shall pay for <br />services tendered as of the date of termination. <br />(I.) in the event of temtination, ell finished and unfinished documents, data and <br />other work product prepared by Consultant shall be delivered to the City and <br />the City shall compensate the Consultant for all Services satisfactorily <br />performed prior to the date of termination, as provided In Paragraph 4 herein. <br />(ii) Notwithstanding the foregoing, the Consultant shall not be relieved of liability <br />to the City for damages sustained by it by virtue ofe breach of the Agreement <br />by Consultant and the City may reasonably withhold payment to Consultant <br />for the purposes of set-off umtil such time as the exact amount of damages due <br />the City from the Consultant 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 al,any time <br />by giving Consultant ten (10) days written notice, The terms of Paragraph 8 A(i�) <br />and A(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 Consultant is placed either in <br />voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br />creditors. <br />4 �7 <br />tj <br />C6333.1617-001 SEA DIVERSIFIED, INC. <br />