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<br />City of Sunny Isles Beach <br /> <br />] 8070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3] 13 Fax <br /> <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 written notice which <br />shall become effective seven (7) days following receipt by Contractor. The terms of Paragraph 12 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 />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 A venue City of Sunny Isles Beach <br /> Sunny Isles Beach, Florida 33160 18070 Collins A venue <br /> Ph: 305-792-170 I Sunny Isles Beach, Florida 33160. <br /> Ph: 305-792-1702 <br />If to the Consultant: Juan Sastre <br /> All Florida Pool & Spa <br /> 11720 Biscayne Boulevard <br /> Miami, Florida 33181 <br /> Ph: 305-893-4036 <br /> Fax: 305-895-4557 <br /> <br />C0607.105, ALL FLORIDA POOL & SPA CENTER AGREEMENT <br />8/14/07 5 <br /> <br />S-. I B <br />"" ! _J <br />