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City ,of funny Isles Deoch 18070 Collins Avenue, Sunny Isles 'Beach, Florida 33160 <br />(305) 947-0606 phone (306)'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 ofd, -Excellent. Before any work under th Is 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 hdditional 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 t'hateach of its sub -contractors providing services hereunder <br />(if any) procures and maintains, until the completion of the services, insumnoe 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 TIM CICfY. <br />8. TEBMINATION. AND REMEDIES 00-R 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, agwirients 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 tan (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 third party to cure such failure. IfContractor fails, refuses or is <br />unable to perform any term ofthis 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 oftermination, as provided heroin. <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 anytime <br />by giving twenty (201 calendar days written notice. The terms of Paragraph A(i) and <br />A(H) above shall be applicable hereunder, <br />2W-5737 Envirowaste S OO$ Group, tnc <br />