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<br />City of SUIIIIY Isles Beach <br /> <br />18070 Collins A venue, Sunny Isles Beach. Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />10. TERMINATION. <br /> <br />a. If, through any cause within thc reasonable control the Consultant shall fail to fulfill in a <br />timely manner or otherwise violate any of the covenants, agreemcnts or stipulations material to this <br />agrcement, thc City shall havc thc right to tcrminate the serviccs thcn rcmaining to bc pcrformed, <br />Prior to the cxcrcisc of its option to terminate for cause, the City shall notify the Consultant of its <br />violation of the particular terms of the agrcemcnt and grant Consultant tcn (10) days to cure such <br />default. If the dcfault remains uncured aftcr ten (10) days the City may terminate this agreement. <br /> <br />t. In the event of termination, all finished and unfinished documcnts, data <br />and other work product prepared by Consultant (and sub-Consultant[s]) <br />shall be delivercd to the City and thc City shall compcnsate the <br />Consultant for all services satisfactorily performed prior to the date of <br />tcrmination, as provided in Paragraph 4 hcrcin. <br /> <br />It. 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 <br />thc agreement by Consultant and the City may reasonably withhold <br />paymcnts to Consultant for the purposes of set-off until such time as the <br />exact amount of damages due the City from the Consultant is detennined, <br /> <br />lit. After receipt of a Termination Notice and except as otherwisc directed by <br />thc City, the Consultant shall: <br /> <br />I. Stop work on the date and to the cxtent specified. <br /> <br />2. Tcrminate and scttlc all ordcrs and subcontracts <br />relating to the performancc of the tcrminatcd work. <br /> <br />3. Transfcr all work in process, completed work and <br />other materials related to the tenninated work to the <br />City. <br /> <br />4. Continue and complete all parts of that work that <br />have not been terminated. <br /> <br />b. Tennination for Convcnience of City. Thc City may, for its convenience and without <br />cause terminate the serviccs then remaining to be performed provided that thirty (30) days notice is <br />provided to consultant. <br /> <br />c. Termination for lnsolvencv. The City also reserves the right to tcrminate the <br />remaining serviccs to be performed in thc event the Consultant is placed cither in voluntary or <br />involuntary bankruptcy or makes any assignment for the bcnefit of creditors. <br /> <br />11. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. Thc Consultant shall not <br />subcontract, assign or transfer any work under this agrecmcnt without the prior written consent of the <br /> <br />18[11 .Drive Active Park Inspection Services, Calvin Giordano <br /> <br />Page 5 of9 <br /> <br />SIB <br />S\B <br />