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<br />. ' <br /> <br />City of Sunny Isles Beach <br /> <br />17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees <br />expended by the City in defense of such claims and losses including appeals. The parties agree <br />that ten percent (10%) of the total compensation is a specific consideration from the City to the <br />Consultant for this indemnity. <br /> <br />10. TERMINATION. <br /> <br />a. If, through any cause within the reasonable control the Consultant shall fail to fulfill in a <br />timely manner or otherwise violate any of the covenants, agreements or stipulations material to <br />this agreement, the City shall have the right to terminate the services then remaining to be <br />performed. Prior to the exercise of its option to terminate for cause, the City shall notify the <br />Consultant of its violation of the particular terms of the agreement and grant Consultant ten (10) <br />days to cure such default. If the default remains uncured after ten (10) days the City may <br />terminate this agreement. <br /> <br />1. In the event of termination, all finished and unfinished documents, data <br />and other work product prepared by Consultant (and sub-Consultant( s]) <br />shall be delivered to the City and the City shall compensate the Consultant <br />for all services satisfactorily performed prior to the date of termination, as <br />provided in Paragraph 4 herein. <br /> <br />11. Notwithstanding the foregoing, the Consultant shall not be relieved of <br />liability to the City for damages sustained by it by virtue of a breach of the <br />agreement by Consultant and the City may reasonably withhold payments <br />to Consultant for the purposes of set-off until such time as the exact <br />amount of damages due the City from the Consultant is determined. <br /> <br />111. After receipt of a Termination Notice and except as otherwise directed by <br />the City, the Consultant shall: <br /> <br />1. Stop work on the date and to the extent specified. <br /> <br />2. Terminate and settle all orders and subcontracts relating to the <br />performance of the terminated work. <br /> <br />3. Transfer all work in process, completed work and other <br />materials related to the terminated work to the City. <br />4. Continue and complete all parts of that work that have not been <br />terminated. <br /> <br />b. Termination for Convenience of City. The City may, for its convenience and <br />without cause terminate the services then remaining to be performed in the event the Consultant <br />is placed either in voluntary of involuntary bankruptcy or makes any assignment for the benefit <br />of creditors. <br /> <br />5 <br /> <br />Jade Communication, Inc. Consulting Agreement <br />Attorney/ Agreementsljb <br />5/19/2004 <br /> <br />SIB <br />