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<br />. <br />'. . <br /> <br />City of Sunny Isles Beac/l <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <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 by giving <br />written notice which shall become effective seven (7) days following receipt by Contractor. The <br />tenns of Paragraphs A(i) and (ll) above shall be applicable hereunder. <br /> <br />C. Termination for Insolvencv. The City also reserves the right to terminate the <br />remaining services to be performed in the event the Contractor is placed either in voluntary or <br />involuntary bankruptcy or makes any assignment for the benefit of creditors. <br /> <br />11. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Contractor shall not <br />subcontract, assign, or transfer any work under this agreement with the prior written consent of <br />the City. Should the Contractor subcontract any services under this agreement, it shall be done <br />with continued liability for the Contractor. The Contractor shall remain responsible for services, <br />responsibilities, and liabilities of any person or entity acting under Contractor. <br /> <br />12. ARBITRATION, It is the intention of the parties that whenever possible, if a dispute or <br />controversy arises hereunder then such dispute or controversy shall be settled by arbitration in <br />accordance with the procedures, rules and regulations of the American Arbitration Association. <br />The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment <br />upon the award rendered by the arbitrator may be entered in any court having jurisdiction. <br />Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' <br />fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails <br />on the whole, each party shall be responsible for a portion of the cost~ of arbitration. And their <br />respective attomeys' fees as may be determined by the court on confIrmation. <br /> <br />13. CONFIDENTIAL INFORMATION. Thc Contractor shall not, either during the teim <br />of this Agreement or any time for a period ofTEN (10) years subsequent to that date upon which <br />the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any <br />person or entity, other than in the discharge of the duties of the Contractor under this Agreement, <br />any infonnation which the City designates in writing as "confidential." As a violation by the <br />Contractor of the provisions ofthis Section could cause irreparable injury to the City and there is <br />no adequate remedy at law for such violation, the City shall have the right, in addition to any <br />other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for <br />violating such provisions. <br /> <br />14. NOTICES. All notices and other communications required or permitted to be givcn <br />under this Agreement by either party to the other shall be in writing and shall be sent (except as <br />othcrwise provided herein) (i) by certified or registered mail, first class postage prepaid, return <br />receipt requested, (ll) by guaranteed overnight delivery by a nationally recognized courier <br />service, or (Hi) by facsimile with confirmation receipt (with a copy simultaneously sent by <br />certified or registered mail, first class postage prepaid, return receipt rcquested or by overnight <br />delivery by traditionally recognized courier service), addressed to such party as follows: <br /> <br />C1112-014 AMERICAN BUlLDING ENGINEERS, INC AGREEMENT <br /> <br />Pag' 60f9 <br /> <br />,'.... <br />~"\ \ ::"1 <br />"'''\ '~. l.' <br />t.~ <br />