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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 />would have sustained a loss if the entire Contract would have been <br />completed, no profit shall be allowed or included and the amount of <br />compensation shall be reduced to reflect the anticipated rate of loss, if any; <br />(iii) Reasonable costs of settling and paying claims arising out of <br />the termination of subcontracts or orders pursuant to Subparagraph <br />12.2.1.2 of this Paragraph. These costs shall not include amounts paid <br />in accordance with other provisions hereof. <br />The total sum to be paid the Contractor under this Subparagraph 12.2.1 shall <br />not exceed the total Contract Price, as properly adjusted, reduced by the <br />amount of payments otherwise made, and shall in no event include <br />duplication of payment. <br />12.2.2 For Cause <br />12.2.2.1. If the Contractor refuses or fails to prosecute the Worlc in a timely <br />manner, supply enough properly skilled workers, administrative, managerial and <br />supervisory personnel or proper equipment or materials, or if it fails to make <br />prompt payment to Subcontractors or for materials or labor, or persistently <br />disregards laws, ordinances, rules, regulations or orders of any public authority <br />having jurisdiction, or otherwise is guilty of a substantial violation of a material <br />provision of this Contract, then the City may by written notice to the Contractor, <br />without prejudice to any other right or remedy, terminate the employment of the <br />Contractor and take possession of the site and of all materials, equipment, tools, <br />construction equipment and machinery thereon owned by the Contractor and may <br />finish the Work by whatever methods it may deem expedient. In such case, the <br />Contractor shall not be entitled to receive any further payment until the Work is <br />finished. <br />12.2.2.2 If the costs of finishing Work exceed the unpaid balance of the <br />Contract Price, the Contractor shall pay the difference to the City. This obligation <br />for payment shall survive the termination of the Contract. <br />12.2.2.3 In the event the employment of the Contractor is terminated by <br />the City for cause pursuant to Subparagraph 12.2.2 and it is subsequently <br />determined by a Court of competent jurisdiction that such termination was without <br />cause, such termination shall thereupon be deemed a Termination for Convenience <br />under Subparagraph 12.2.1 and the provisions of Subparagraph 12.2.1 shall apply. <br />ARTICLE XIII <br />INSURANCE <br />13.1 Contractor agrees, at its sole expense, to maintain on a primary, non-contributory <br />basis during the life of this Contract, or the performance of work under this Project, insurance <br />coverages, limits, and endorsements as required herein. The Contractor agrees the insurance <br />requirements herein as well as City's review or acknowledgement, is not intended to and shall not <br />in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this <br />AUM CONSTRUCTION, INC. 32 <br />