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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue. Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />(i.) In the event of termination, all finished and unfinished documents, data and other work <br />product prepared by Consultant (and sub consultant(s)) shall be delivered to the City <br />and the City shall compensate the Consultant for all services satisfactorily performed <br />prior to the date of termination, as provided in Paragraph 3 herein. <br />(ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the <br />City for damages sustained by it by virtue of a breach of the agreement by Consultant <br />and the City may reasonably withhold payments to Consultant for the purposes of set- <br />off until such time as the exact amount of damages due the City from the Consultant is <br />determined. <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 at any time by given written notice which <br />shall become effective seven (7) days following receipt by Consultant. The terms of Paragraphs A(i) <br />and (ii) shall be applicable hereunder. <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 />13. NOTICES: All notices and other communications required or permitted to be given under <br />this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise <br />provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, <br />(ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile <br />with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class <br />postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier <br />service), addressed to such party as follows: <br /> <br />If to the City: A. John Szerlag With a copy to: <br /> City Manager Hans Ottinot, <br /> City of Sunny Isles Beach City Attorney <br /> 18070 Collins Ave. City of Sunny Isles Beach <br /> Sunny Isles Beach, Florida 33160. 18070 Collins A venue <br /> Ph: 305-947-0606 Sunny Isles Beach, Florida 33160. <br /> Ph: 305-947-0606 <br />If to the Consultant: Shahin Hekmat, P.E. <br /> Vice President <br /> Eisman and Russo, Inc. <br /> 6455 Powers A venue <br /> Jacksonville, FL 32217-2821 <br /> Ph: 904-733-1478 <br /> Fax: 904-636-8828 <br /> <br />C0607-087 Eisman and Russo. Inc, Construction and Inspection Scrvices Agreement <br />5 <br />