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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 />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 <br />the Agreement by Contractor and the City may reasonably withhold <br />payments to Contractor for the purposes of set-off until such time as <br />the exact amount of damages due the City from the Contractor is <br />determined. <br /> <br />111. After receipt of a Termination Notice and except as otherwise directed <br />by the City, the Contractor shall: <br /> <br />1. Stop work on the date and to the extent specified; <br /> <br />2. Terminate and settle all orders and subcontracts <br />relating to the performance of the terminated work; <br /> <br />3. Transfer all work in process, completed work and <br />other materials related to the terminated work to <br />the City; and <br /> <br />4. Continue and complete all parts of that work that <br />have not been terminated. <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 provided <br />that the Contractor is given ten (10) days written notice. <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 Contractor is placed either in <br />voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br />creditors. <br /> <br />19. PERFORMANCE AND PAYMENT BOND. The Contractor shall be required to <br />obtain a Performance and Payment Bond in the amount of 100% of the total contract price, with <br />the City of Sunny Isles Beach named as the oblige, as security for the Contractor's faithful <br />performance of the Services described in this Agreement and for the payment of all persons <br />performing labor or furnishing materials in connection herewith. The bonds shall be with a <br />surety company authorized to do business in the State of Florida.. <br /> <br />20. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Contractor shall not <br />subcontract, assign or transfer any work under this Agreement without the prior written consent <br />of the City. Should the Contractor subcontract any services under this Agreement, it shall be <br />done with continued liability for the Contractor. The Contractor shall remain responsible for <br />services, responsibilities and liabilities of any person or entity acting under Contractor. <br /> <br />CIOII-067 THE SG GROUP. LLC. AGREEMENT <br /> <br />Page 8 of 13 <br /> <br />SIb <br />