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<br />Ci(J' of SIII/I/)' Isles Belich <br /> <br />18070 Collins Avenue, Sunny Isles Ileach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />12, TERMINATION: <br /> <br />A, If, through any cause within the reasonable control the Contractor shall fail to fulfill in a <br />timely 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 Contractor of its <br />violation of the particular terms of the agreement and grant Contractor 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 />(i,) In the event of termination, all finished and unfinished documents, data and other work <br />product prepared by Contractor (and sub consultant(s)) shall be delivered to the City and <br />the City shall compensate the Contractor for all services satisfactorily performed prior <br />to the date of termination, as provided in Paragraph 3 herein, <br />(ii,) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the <br />City for damages sustained by it by virtue of a breach of the agreement by Contractor <br />and the City may reasonably withhold payments to Contractor for the purposes of set- <br />off until such time as the exact amount of damages due the City from the Contractor 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 wrillen notice which <br />shall become effective seven (7) days following receipt by Contractor. 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 Contractor 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 />C0607-094 KMR Construclion Management, Inc. Services Agreement <br /> <br />5 <br /> <br />Sid <br />