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<br />City of SUIlIlY Isles Beach <br /> <br />17070 Collins Avenue, Suile 250, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3t 13 Fax <br /> <br />10. TERMINATION. <br /> <br />a. If, through any cause within the reasonable control the Consultant shall fail to fulfill in a timely <br />manner or otherwise violate any of the covenants, agreements or stipulations material to this <br />agreement, the City shall have the right to terminate the services then remaining to be performed. <br />Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its <br />violation of the particular terms of the agreement and grant Consultant ten (10) days to cure such <br />default. If the default remains uncured after ten (10) days the City may terminate this agreement. <br /> <br />1. In the event of termination, all finished and unfinished documents, data and <br />other work product prepared by Consultant (and sub-Consultant(s]) shall be <br />delivered to the City and the City shall compensate the Consultant for all <br />services satisfactorily performed prior to the date of termination, as provided <br />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 to <br />Consultant for the purposes of set-off until such time as the exact amount of <br />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 />I. Stop work on the date and to the extent specified. <br /> <br />2. Terminate and settle all orders and subcontracts relating <br />to the 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 /> <br />4. Continue and complete all parts of that work that have <br />not been terminated. <br /> <br />b. Termination for Convenience of City. The City may, for its convenience and without <br />cause terminate the services then remaining to be performed in the event the Consultant is placed either <br />in voluntary of involuntary bankruptcy or makes any assignment for the benefit of creditors. <br /> <br />c. Termination for Insolvency. The City also reserves the right to terminate the remaining <br />services to be performed in the event the Consultant is placed either in voluntary or involuntary <br />bankruptcy or makes any assignment for the benefit of creditors. <br /> <br />5 <br /> <br />BH&A Central Island Stormwater Consulting Agreement <br />Attorney/ Agreements/ch <br />1121/2004 <br /> <br />s\~ <br />