Reso 2007-1066 - Laserfiche WebLink

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City of SIII/I/Y Isles Beacft 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. 10. TERMINATION. a. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a timely maImer or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the excrcise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor thirty (30) days written notice to cure such default. Ifthe default remains uncured thirty (30) days after the City's notice, the City may terminate this Agreement. i. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and subcontractor[s]) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. ii. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payments to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. Ill. After receipt of a Termination Notice and except as otherwise directed by the City, the Contractor shall: I. Stop work on the date and to the extent specified. 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. 3. Transfer all work in process, completcd work and other materials related to the terminated work to the City. 4. Continue and complete all parts of that work that have not been terminated. 0607.023 Kool Playground Swings & Surfacing Agrmt Page 5