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<br />P:Jgc 4 <br />July 14, 2004 <br /> <br />caused by, arising 6'om or related to any acts, omissions or negligence of Calvin Giordano & <br />Associates, Inc. <br /> <br />. The tenns of Agreement shall be valid for the Client's acceptance for a period of thirty (30) <br />days from the date of execution by Calvin; Giordano & Associates, Tnc, after which time this <br />contract offer becomes null and void if not accepted formally (evidenced by receipt of an <br />executed copy of this document). All rates and fees quoted in this document shall be effective <br />for a period of SIX t6) months, after which time they may be renegotiated with the CLIENT. <br /> <br />. Drawings, specifications, and other documents and electronic data furnished by Calvin, <br />Giordano & Associates, Inc. in connection with this project are instruments of service. All <br />original instruments of service are deemed to be the property of the City of Sunny Isles <br />Beach <br /> <br />. Invoices for work accomplished to date will be submitted monthly and are payable within <br />thirty (30) days. The CLIENT will pay invoices upon receipt and understands interest charges <br />of 1,5% per month will be applied to any unpaid balance past thirty (30) days. Calvin, <br />Giordano & Associates, Inc. may elect to stop work until payment is received. If work is <br />stopped for thirty (30) days or more, Calvin, Giordano & Associates, Inc. may request <br />compensation for start-up costs when work resumes. <br /> <br />. The CLIENT or their representative shall be available to meet with Calvin, Giordano & <br />Associates. Inc, and provide decisions in a timely manner throughout the course of the <br />project, The CLIENT will provide all plans and other pertinent infonnation, which are <br />necessary for Calvin, Giordano & Associates, Inc. to provide complete professional services <br />as outlined in this contract. <br /> <br />MISCELLANEOUS PROVISIONS <br /> <br />. Unless otherwise provided, this Agreement shall be governed by the law of the place where <br />the project is located. ' <br /> <br />.. CLIENT and Calvin, Giordano & Associates, fnc" respectively, bind themselves, their <br />panners.- successors, assigns, and legal representatives to the other party to this Agreement <br />and to the partners, successors, assigns, and legal representatives of such other party with <br />respect to all covenants of this Agreement. Neither CLIENT nor Calvin, Giordano & <br />Associates, Inc. shall assign this Agreement without written consent of the other. <br /> <br />.rhis Agreement represents the entire and integrated agreement between the CLIENT and <br />Calvin, Giordano & Associates, Inc. and supersedes all prior negotiations, representations or <br />agreements, either written or oral. This Agreement may be amended only by written <br />instrument signed bv both Calvin, Giordano & Associates. Inc and the CLIENT. <br /> <br />TERMINATION OF THE AGREEMENT <br /> <br />. This Agreement may be terminated by either party upon not less than seven (7) days written <br />notice should the other party fail substantially to perform in accordance with the terms of this <br />Agreement through no fault of the party initiating the termination. Failure of CLIENT to <br />make payments to Calvin. Giordano & Associates, Inc" in accordance with this Agreement, <br />shall be considered substantial nonperfOlmance and cause for termination. <br /> <br />l-'.PrlJpllsals'.2004 Propllsals\04-45XI.J Sunny Isles j:AR Prepnral1ondo~ <br />