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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Swmy Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />(i) In the event of termination, all finished and unfinished docwnents, data <br />and other work product prepared by Performer/Instructor (and sub <br />Performer/Instructor (s)) shall be delivered to the City and the City shall <br />compensate the Performer/Instructor for all Services satisfactorily <br />performed prior to the date of termination, as provided in Section 6 herein. <br /> <br />(ii) Notwithstanding the foregoing, the Performer/Instructor shall not be <br />relieved of liability to the City for damages sustained by it by virtue of a <br />breach of the Agreement by Perfonner/Instructor and the City may <br />reasonably withhold payment to Performer/Instructor for the purposes of <br />set-off until such time as the exact amount of damages due the City from <br />the Performer/Instructor 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 <br />by giving PerformerlInstructor ten (10) days written notice. The terms of <br />Paragraph 6A(i) and 6A(ii) shall be applicable hereunder. <br /> <br />SECTION SEVEN <br />ASSIGNMENT OF RIGHTS <br /> <br />The rights of each party under this agreement are personal to that party and may not be assigned <br />or transferred to any other person, firm, corporation, or other entity without the prior, express, <br />and written consent of the other party. <br /> <br />SECTION EIGHT <br />NO WAIVER <br /> <br />The failure of either party to this agreement to insist upon the performance of any of the terms <br />and conditions of this agreement, or the waiver of any breach of any of the terms and conditions <br />of this agreement. shall not be construed as thereafter waiving any such terms and conditions, but <br />the same shall continue and remain in full force and effect as if no such forbearance or waiver <br />had occurred. <br /> <br />SECTION NINE <br />GOVERNING LAW <br /> <br />It is agreed that this agreement shall be governed by, construed, and enforced in accordance with <br />the laws of the State of Florida. Venue for any legal proceedings shall be in Miami-Dade County <br />Florida. <br /> <br />3 <br /> <br />C091 0-_ Agreement -Recurring Events FOI1ll # 1 <br /> <br />FINAL VERSION 712912010 . <br />