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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 />1. In the event of termination, all finished and unfinished documents, data <br />and other work product prepared by Contractor (and sub Contractor (s)) <br />shall be delivered to the City and the City shall compensate the Contractor <br />for all Work satisfactorily performed prior to the date of termination, as <br />provided in Paragraph 4 herein. <br /> <br />11. Notwithstanding the foregoing, the Contractor shall not be relieved of <br />liability to the City for damages sustained by it by virtue of a breach of the <br />Agreement by Contractor and the City may reasonably withhold payment <br />to Contractor for the purposes of set -off until such time as the exact <br />amount of damages due the City from the Contractor is determined. <br /> <br />B. Termination for Convenience of City. The City may, for its convenience and <br />without cause terminate the Work then remaining to be performed at any time by <br />giving Contractor ten (10) days written notice. The terms of Paragraph A(i) and <br />A(ii) above shall be applicable hereunder. <br /> <br />C. Termination for Insolvency. The City also reserves the right to terminate the <br />remaining Work to be performed in the event the Contractor is placed either in <br />voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br />creditors. <br /> <br />9. PERFORMANCE. Contractor shall at all times faithfully, competently, and to the best <br />of their ability, experience, and talent perform the Work described in this Agreement. Contractor <br />shall employ, at a minimum, generally acceptable industry standards and practices utilized by <br />persons engaged in providing similar services as are required of Contractor hereunder in meeting <br />its obligations under this Agreement. Contractor agrees to have a qualified representative to <br />audit and inspect the Work provided on a regular basis to ensure the Work is being performed in <br />accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to <br />the City accordingly. Contractor agrees to immediately inform the City via telephone and in <br />writing of any problems that could cause damage to the City's property, improvements, and <br />persons. <br /> <br />10. CITY APPROVAL AND CONTRACTOR'S GUARANTEE OF WORK. All labor, <br />materials, tools, equipment, and services shall be furnished and Work performed and completed <br />subject to the approval of the City. Contractor agrees that the quality of the Work shall be <br />guaranteed for at least l(one) year from the date of acceptance by the City. <br /> <br />11. ELECTION OF REMEDIES AND RESERVATION OF RIGHTS. In the event the <br />Work fails to conform with the requirements under this Agreement, the City may, at its option, <br />(1) reject the whole of the equipment and installation, (2) accept the whole of the equipment and <br /> <br />CIOII-032 AGREEMENT <br /> <br />5 <br /> <br />t, i-- .' <br />