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TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST Er', APPROVED IN <br />WRITING BY THE CITY, <br />8, TKIRMINATION AND REMEDIES FQR HD.EACH. <br />A. If, dkrcugh any umise.within remonable Comm], thcC:ontracror shall fail to fulfill in <br />a timely mariner or otheiwisc violate oily of the ooyenanty, ogreemcmts or <br />stipubations material to thisAgre6ient, the City shall have the right to terminate the <br />Serti-tcNs tiled reinaining to be pereormod. Prflar to tlra exercise of its option to <br />wrnlinate for Cause, the City shall notify the Contractor of its violation of the <br />pat'ticulat ccrrr,S c t' ilie Agreerrteot and grartt Contr401,o ten 110) days to Cure such <br />default. If the default remains uncured after tell (10) days the City may terrniiWe <br />111Ms Agreerneni, and tbc, City shall receive a refund frow tits Cronl.raotor in an awuat <br />equal to the octuaJ Cost of a~ third party to cure -ach failure. If Contractor fails, <br />rorkiscs or is unable to perform any trim of this A,8mement, City shall pay far <br />seiviucs rendered as of the date ciFtermiriation. <br />(0 In the event of tetznittatian; all finished and urrlinished dtalmeats', data and <br />other work product prepared by Curlti�trtar (and sub-Co'ntrtictnr (s) shell he <br />d6ivomd to tho City and the City shOl compensate the Contractor fir all <br />Services satifsfactorily perfom-iod pi inr to the date of tennbiation, as provided <br />in Paragraph 4 Herein. <br />(ii.) Notwithstanding t}le foregoing, the Controctorshall not b;, rclicved of liability <br />to the City far dainages s stkimd by it by virt-ac of a breach ofthcAgreemeiit <br />by Contractor and the City niiay reascmtLbly withhold paymQnt to Contractor for <br />the purposes of set-ofY' until such time as the exact amouni of darniages due die <br />Cily fruni the Cos Lnu;tur is determined. <br />B. jgmilnodionibr Convenionm of6ty. The City nay; for its convaulence mid without <br />cause terminate the Services then remaining to he performed at any tirne by giving <br />Contra AOF ten (I 0) days vazitten nn4icc. T'he teens of Pat-agranh A(i) and AQ i) above <br />shall he applicable hereunder; <br />C, 'Fernlinatio Tnsniyet� The Citv also mwrve; the right to lerrninate the <br />remaining Services to be perForrriad in the event the Contractor is placed cithOr in <br />Yolur)tary nr invQluntary bankruptcy or makes cony assigamcni for (tie benefit of <br />creditors, • <br />9. JUIIMCTION VRI,VE AND WAIV ilk JifRYTRIAi,.. This Agreemcntshatl <br />be interpreted and construed in accu,)rdance with aad governod by the laws of the State ofFJodda. <br />Alt parties agree and UEMIlt that jur6diolion of any dilpute or controversy arising out of this <br />Agrc,cinetit, rand any mction involviag the cnfdreement or intcrliretutiwi of any rights het'etuider <br />shall be brought exclusively in ttie Eleventh Judicial Circuit in stud for hhiumi nede Comity. <br />Florida, and venue for litigation arising out of this Agreement sliall be exchi dvely in such state <br />courts, forsaking i3>ty other jurisdiction which either party may claim by virttte•of its residency or <br />Other jurisdictional device_ Tn the event it b6minefi necessary for the City to file a lawsuit to <br />992- It IA1Lin e. 9oM1 Residrntial Services <br />