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<br />City of SUI/I/Y Isles Beach <br /> <br />-18070 Collins A venue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />ARTICLE 9 <br />TERMINATION <br /> <br />9.1 This Agreement may be terminatcd for causc or without cause by the CITY, through the <br />Contract Administrator, upon thirty (30) days prior written notice to the ARTIST. <br /> <br />9.2 Termination of this Agreement for "causc" shall include failure to continuously perform the <br />Work in a timely manner calculated to mect or accomplish the objcctives of the CITY as set <br />forth in this Agreement, a breach of the provisions of this Agreement (notwithstanding <br />whether any such breach was previously waived or cured), or any othcr reason necessary to <br />protect thc health, safety, or welfare of the gcneral public. <br /> <br />9.3 Notice of termination shall bc provided in accordance with the NOTICES section of this <br />Agrcement except that noticc oftcrmination which Contract Administrator decms necessary <br />to protect the public health, safety. or welfare may bc by verbal notice which shall be <br />promptly confirmcd in writing in accordance with the NOTICES section of this Agreemcnt. <br /> <br />9.4 The death or permanent incapacity of the ARTIST shall automatically terminate this <br />Agreemcnt. Neither the ARTIST nor the ARTIST's estate shall have any further right to <br />perform hercunder. The CITY shall have the right to secure the Work, in its original state at <br />the time of ARTIST's death or incapacity, and shall have the right to complete same, <br />provided that credit will be accorded to the ARTIST or his estate for his portion of the Work. <br />ARTIST's estate shall be compensated for any unpaid amounts. <br /> <br />ARTIC,E 10 <br />MISCELLANEOUS <br /> <br />10.1 AUDIT RIGHT AND RETENTION OF RECORDS <br /> <br />CITY shall have the right to audit the books, rccords, and accounts of ARTIST that are <br />related to this Project. ARTIST shall kccp such books, rccords, and accounts as may bc <br />nccessary in order to record complcte and correct cntries rclated to thc Project. <br /> <br />ARTIST shall prcscrve and makc available, at reasonablc timcs for examination and audit by <br />CITY, all financial records, supporting documents, statistical records, and any other <br />documcnts pcrtinent to this Agreemcnt for the required retention period of the Florida Public <br />Records Act (Chapter 119, Fla. Stat.), if applicablc, or, if the Florida Public Records Act is <br />not applicable, for a minimum period ofthrec (3) years after termination of this Agreement. <br /> <br />9 <br /> <br />C0607-044 Butterfly Artist Agrcement <br /> <br />,; ,. <br />" <br />