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<br />(i.) In the event of termination, all finished and unfinished documents, data and other <br />work product prepared by Consultant (and sub consultant(s)) shall be delivered to <br />the City and the City shall compensate the Consultant for all services satisfactorily <br />performed 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 <br />the City for damages sustained by it by virtue of a breach of the agreement by <br />Consultant and the City may reasonably withhold payments to Consultant for the <br />purposes of set-off until such time as the exact amount of damages due the City <br />from the Consultant is determined. <br /> <br />B. Termination for Convenience of City. The City may, for its convenience and <br />without cause terminate the services then remaining to be performed at any time by given written <br />notice which shall become effective ten (10) days following receipt by Consultant. The terms of <br />Paragraph 12 A(i) and (ii) shall be applicable hereunder. <br /> <br />C. Termination for Insolvency. The City also reserves the right to terminate the <br />remaining services to be performed in the event the Consultant is placed either in voluntary or <br />involuntary 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 <br />under this Agreement by either party to the other shall be in writing and shall be sent (except as <br />otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return <br />receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier <br />service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by <br />certified or registered mail, first class postage prepaid, return receipt requested or by overnight <br />delivery by traditionally recognized courier service), addressed to such party as follows: <br /> <br />If to the City: Rick Conner 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 Avenue <br /> Ph: 305-792-1701 Sunny Isles Beach, Florida 33160 <br /> Ph: 305-792-1702 <br />If to the Consultant: Michael Spruce, P.E. <br /> Vice President <br /> Kimley-Horn and Associates, Inc. <br /> 1690 South Congress Avenue, <br /> Suite 100 <br /> Delray Beach, FL 33445 <br /> Ph: 561-330-2345 <br /> Fax: 561-330-2245 <br /> <br />14. GOVERNING LAW: The validity of this Agreement and the interpretation and <br />performance of all of its terms shall be construed and enforced in accordance with the laws of the <br /> <br />C0809-057 KIMLEY-HORN AND ASSOCIATES, INC. TRAFFIC SIGNAL DESIGN SERVICES 1821COLLINS <br />AGREEMENT <br />