Reso 2021-3168 - Laserfiche WebLink

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00? of Strrrry.lsles Beach 18070 Collins .Avenue, Surly isles Beach, Florida 33)160 (3015) 947-4646 phone (305) 90-3113 lax shall pay such claims and losses and shall pay all such costs and jttdgrnents which rYtay issue from any lawsuit arising firgnj such claims and losses including wrongful ronnination nr a!!-gations of discrimination or harassment, and shall pay all costs and wtofneya' lees expanded by the City in Berens+_ of woh claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Consrtltan: C6r this irrdclr,.itti;. TERMINATION. A. If, through any cause within reasonable control, the Consultant shall fail to fulf=ill in a timely manner or other;vise violate any of the covenants, agreements or stipulatiorls 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 dor rause, the City shall notify the Consultant of its violation of the particular ternts of the Agreement and grant COnSid tant ten (10) days to cL+re su01 default, 'if the default remains uncured after ten (1 U) clays ille City may terminate this Agreenrent. + In the Pwrent 4f termination, all frr7ished and unfinished documents, data ztd other work pmducL prepared by Consultant (and sub consultant(s)) shall be delivered to the City and the City shall compensate the Consultant for nll Services satisfactvrily perfortned prior to the date oftcrrnination. as provided In Paragraph 4 herein, • Nothwithstandinb the foregoing, the Consultant shall trot be relievod of liability to the City for damages sustained by it by virtue of a 4rea�h rrf the Agreement by Consuitant and the City may reasonably withhold payment to ConsulLant for the. purposes of set-off until such time as the exact amount of damages clue the City ftojil the Consultant is determined. B. TerminatioItfor Convenience ofQty. The City may, for its convenience and wlthotat cause terminate the Services then rernainina to be performed at any time by giving Consultant ten (10) days written notice_ The ternrs of Paragraphs A(i) and A(ii) shall be applicable hereunder. C. Termination far lnsolvencyv. The City also reserves the right to terminate the retraining. Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit cif c-reditors, 10. WAI VIER OF RIGHT TO JURY TRIAL. F'ach of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action; proceed -Ing, litigation or counterclaim based hereon or arising out of, under, on or in connection w[th this agreement or any course of conduct, course of dealing, statements (whether herbal or wrilhen) or actions of either of pally: C1 516.060-6190 Moore 5rrphens Lovelace, P.A.