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<br />- - - -- - --- <br /> <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 />20. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event <br />the Services are not completed within 45 (Forty-Five) days from the issuance date of a Notice to <br />Proceed from the City Manager or his designee, and in the absence of any extensions granted by <br />City, then the Contractor shall be required to pay a liquidated damage penalty of $300.00 (Three <br />Hundred Dollars) for each calendar day beyond the 45 (Forty-Five) days completion period, <br />continuing to the time at which the Services are complete. Such amount is the actual cash value <br />agreed upon as the loss to City resulting from Contractor's delay. Additionally, the City shall <br />also be entitled to withhold 50% of the total Compensation to be paid to Contractor until final <br />completion and acceptance of the Services. <br /> <br />21. MISCELLANEOUS. <br /> <br />A. In the event any proVIsIOn of this Agreement is found to be void and <br />unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement <br />shall nevertheless be binding upon the parties with the same effect as though the void or <br />unenforceable provisions had been severed and deleted. <br /> <br />B. This Agreement may be executed in multiple identical counterparts, each of <br />which shall be deemed an original for all purposes. <br /> <br />C. This Agreement shall constitute the entire agreement between the parties with <br />respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral <br />and written negotiations, commitments, agreements and understandings relating hereto. <br /> <br />D. Any modification of this Agreement shall be effective only if in writing and <br />signed by the parties to this Agreement. <br /> <br />E. No waiver of any provision of this Agreement shall be valid or enforceable unless <br />such waiver is in writing and signed by the party granting such waiver. <br /> <br />F. Under no circumstances shall the Contractor be entitled to incidental, punitive, <br />indirect or consequential damages, including but not limited to lost revenue or lost profits, as a <br />result of termination of its Services under this Agreement. <br /> <br />8 <br /> <br />CIOII-062 - AGREEMENT WITH DADE CONTRACTING. INC. <br /> <br />[\ n i"') <br />viD <br />