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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 />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 />(c) Absent agreement to the amount due to the Contractor, the City shall pay <br />the Contractor the following amounts: <br />(i) Contract prices for labor, materials, equipment and other <br />services accepted tinder this Contract; <br />(1i) Reasonable costs incurred in preparing to perform and in <br />performing the terminated portion of the Work, and in terminating the <br />Contractor's performance, plus a fair and reasonable allowance for <br />overhead in the amount of seven percent (7%) of the Contractor's direct <br />costs, and a reasonable allowance for profit in the amount of ten percent <br />(10%) of the Contractor's direct costs (such profit shall not include <br />anticipated profit or consequential damages); and profit thereon (such profit <br />shall not include anticipated profit or consequential damages); provided <br />however, that if it appears that the Contractor would have not profited or <br />MOMMEMMEMOMM <br />AUM CONSTRUCTION, INC. 31 <br />