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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 />the Contractor, the Contractor may, upon twenty (20) days' written notice to the City <br />and the City's Representative terminate performance under this Contract and recover <br />from the City payment for the actual reasonable expenditures of the Contractor (as <br />limited in Subparagraph 10.3 above) for all Work executed and for materials, <br />equipment, tools, construction equipment and machinery actually purchased or rented <br />solely for the Work, less any salvage value of any such items, and any out of pocket <br />cancellation costs related to lower tier contractors and suppliers. <br />12.1.2 If the City shall persistently or repeatedly fail to perform any material <br />obligation to the Contractor for a period of thirty (30) days after receiving written <br />notice from the Contractor of its intent to terminate hereunder, the Contractor may <br />terminate performance under this Contract by written notice to the City's Representative <br />and the City. In such event, the Contractor shall be entitled to recover from the City as <br />though the City had terminated the Contractor's performance under this Contract for <br />convenience pursuant to Subparagraph 12.2.1 hereunder. <br />12.2 Termination by the City <br />12.2.1 For Convenience <br />12.2.1.1 The City may for any reason whatsoever terminate performance <br />under this Contract by the Contractor for convenience. The City shall give <br />written notice of such termination to the Contractor specifying when termination <br />becomes effective. <br />12.2.1.2 The Contractor shall incur no further obligations in connection with <br />the Work and the Contractor shall stop Work when such termination becomes <br />effective. The Contractor shall also terminate outstanding orders and <br />subcontracts. The Contractor shall settle the liabilities and claims arising out of <br />the termination of subcontracts and orders. The City may direct the Contractor to <br />assign the Contractor's right, title and interest under terminated orders or <br />subcontracts to the City or its designee. <br />12.2.1.3 The Contractor shall transfer title and deliver to the City such <br />completed or partially completed Work and materials, equipment, parts, fixtures, <br />information and Contract rights as the Contractor has. <br />12.2.1.4 <br />(a) The Contractor shall submit a termination claim to the City and the City's <br />Representative specifying the amounts due because of the termination for <br />convenience together with costs, pricing or other data required by the City's <br />Representative. If the Contractor fails to file a termination claim within one (1) <br />year from the effective date of termination, the City shall pay the Contractor, an <br />amount derived in accordance with sub- paragraph (c) below. <br />(b) The City and the Contractor may agree to the compensation, if any, due to <br />the Contractor hereunder. <br />COMTECH ENGINEMMG, INC. 31 <br />