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<br />Worker's compensation insurance at the statutory amount to apply for all employees in compliance with the <br />"Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the <br />policy(ies) must include: Employers' Liability at the statutory coverage amount. The Contractor shall further <br />insure that all of its Sub- Contractors maintain appropriate levels of worker's compensation insurance. <br /> <br />Business Automobile Liability which shall include coverage for all owned, non-owned and hired vehicles for <br />minimum limits of not less than One Million Dollars ($1,000,000) per occurrence combined single limit for <br />Bodily Injury Liability and Property Damage Liability. <br /> <br />Such insurance shall not diminish Contractor's indemnification obligations hereunder. The insurance policy shall be <br />issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City <br />and shall be endorsed to be primary over any insurance, which the City may maintain. Prior to the execution of this <br />Agreement, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the <br />minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional <br />insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms <br />and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies <br />and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar <br />days prior to written notice to the City's Risk Management Department. The City reserves the right from time to time <br />to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. <br /> <br />13.10. TERMINATION. <br />If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise <br />violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to <br />terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the <br />City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) <br />days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement. <br />In the event of termination, all finished and unfinished documents, data and other work product prepared by <br />Contractor (and sub Contractor(s)) shall be delivered to the City and the City shall compensate the Contractor for all <br />Services satisfactorily performed prior to the date of termination, as provided in Paragraph 13.4 herein. <br />Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it <br />by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for <br />the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is <br />determined. <br /> <br />Termination for Convenience of City. The City may, for its convenience and without cause terminate the <br />Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The <br />terms of Paragraph 13.12 shall be applicable hereunder. <br /> <br />Termination for Insolvencv. The City also reserves the right to terminate the remaining Services to be <br />performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any <br />assignment for the benefit of creditors. <br /> <br />13.11. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises <br />hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules <br />and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and <br />binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having <br />jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees <br />incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party <br />shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined <br />by the court on confirmation. <br /> <br />64 <br />