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In the event temporary work by the DEPARTMENT forces or by <br />other Contractors temporarily prevent the CITY from performing <br />• the work described in this AGREEMENT, the DEPARTMENT shall <br />deduct from the lump sum payment the acreage of the affected <br />area and only compensate the CITY for the actual work it <br />performs. <br />The DEPARTMENT shall initiate this procedure only if the <br />temporary work described in this section is for a period of <br />one (1) month or longer. Adjustment to the CITY'S payment <br />shall also be done as noted in Item Three (3). In the event <br />this AGREEMENT is terminated as established by Item Ten (10) <br />herein, no payment will be prorated for the quarter in which <br />termination occurs for the work that has been completed. <br />10. TERMINATION <br />This AGREEMENT or part thereof is subject to termination under <br />any one of the following conditions: <br />10.1. In the event the DEPARTMENT exercises the option <br />identified by Item Four (4) of this AGREEMENT. <br />10.2. As mutually agreed to by both parties. <br />10.3. In accordance with Section 287.058(1)(c), Florida <br />Statutes, the DEPARTMENT shall reserve the right to <br />unilaterally cancel this AGREEMENT if the CITY <br />refuses to allow public access to any or all <br />documents, papers, letters, or other materials made <br />or received by the CITY pertinent to this AGREEMENT <br />which are subject to provisions of Chapter 119, of <br />the Florida Statutes. <br />11. TERMS <br />11.1. The terms of this AGREEMENT shall only commence <br />when the DEPARTMENT issues the CITY the Notice To <br />Proceed letter. <br />11.2. In accordance with Section 287.058(1)(e), Florida <br />Statutes, this AGREEMENT is for a period of three <br />(3) years beginning on the date stated in the <br />Notice To Proceed letter. <br />SUNYISLE.AG <br />