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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 />B. Termination for Convenience of City. The City may, for its convenience and without
<br />cause terminate the Services then remaining to be performed at any time by giving
<br />Contractor ten (10) days written notice. The terms of Paragraph l0A(l) and A(2)
<br />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 Contractor is placed either in
<br />voluntary or involuntary bankruptcy or makes any assignment for the benefit of
<br />creditors.
<br />11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
<br />this Agreement or any time for a period of ten (10) years subsequent to that date upon which this
<br />Agreement expires or is terminated, disclose to any person or entity, other than in the discharge of
<br />the duties of the Contractor under this Agreement, any information which the City designates in
<br />writing as "confidential." As a violation by the Contractor of the provisions of this Section could
<br />cause irreparable injury to the City and there is no adequate remedy at law for such violation, the
<br />City shall have the right, in addition to any other remedies available to it at law or in equity, to
<br />enjoin the Contractor from violating such provisions.
<br />12. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not
<br />subcontract, assign, or transfer any work under this Agreement without the prior written consent
<br />of the City. Should the Contractor subcontract any services under this Agreement, it shall be done
<br />with continued liability for the Contractor. The Contractor shall remain responsible for services,
<br />responsibilities, and liabilities of any person or entity acting under Contractor.
<br />13. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
<br />by law, the Contractor shall at all times hereafter indemnify, hold harmless and, at the City's
<br />option, defend or pay for an attorney selected by the City to defend, City, its agents,
<br />representatives, officers, directors, officials and employees from and against any and all causes of
<br />action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees,
<br />court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or
<br />omission of Contractor, including those of their employees, agents, servants, or officers, or
<br />accruing, resulting from, or directly related to the subject matter of this Agreement including,
<br />without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action
<br />of any nature whatsoever resulting from injuries or damages sustained by any person or property.
<br />In the event any lawsuit or other proceeding is brought against City by reason of any such claim,
<br />cause of action or demand, Contractor shall, upon written notice from City, resist and defend such
<br />lawsuit or proceeding by counsel satisfactory to City.
<br />The provisions and obligations of this section shall survive the expiration or earlier termination of
<br />this Agreement. To the extent considered necessary by City, any sum due Contractor under this
<br />Agreement may be retained by City until all of City's claims for indemnification pursuant to this
<br />Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
<br />to payment of interest by City.
<br />14. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall
<br />be interpreted and construed in accordance with and governed by the laws of the State of Florida.
<br />TEAM CONTRACTING INC. -EMERGENCY REPACEMENT AND REPAIR 7
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