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If to the City: <br />Christopher J. Russo <br />With a copy to: <br />City Manager <br />Hans Ottinot, City Attorney <br />City of Sunny Isles Beach <br />City of Sunny Isles Beach <br />18070 Collins Ave. 0 Floor <br />18070 Collins Ave. 41h Floor <br />Sunny Isles Beach, Florida 33160 <br />Sunny Isles Beach, Florida 33160 <br />Tel: (305) 792-1701 <br />Tel: (305) 792-1702 <br />If to the <br />Heather L. Ogden, <br />Contractor: <br />Senior Project Manager <br />American Ramp Company <br />601 McKinley Ave <br />Joplin, MO 64801 <br />Tel: (417) 206.6816 <br />Fax: (417) 206-6888 <br />Email: heather@americanrampcompany.com <br />ARTICLE 43. SUCCESSORS, ASSIGNS AND THIRD PARTY BENEFICIARY <br />43.1 The Contractor's services are unique in nature and any transference without City <br />approval shall be cause for the City to nullify this Agreement. Any assignment without the <br />City's consent shall be null and void. The Contractor shall have no recourse from such <br />cancellation. The City may require bonding, other security, certified financial statements and tax <br />returns from any proposed assignee and the execution of an assignment/assumption <br />agreement in a form satisfactory to the City as a condition precedent to considering approval of an <br />assignment. <br />43.2 Without the prior written consent of the City, Contractor shall not assign any of its rights <br />or delegate any of its duties hereunder. Any such attempted assignment or delegation, without the <br />prior written consent of the City as aforesaid, shall be null and void. <br />43.3 Miami -Dade County shall be considered an express third party beneficiary of this <br />Agreement and shall be entitled to assert all rights and remedies hereunder, provided they a) pertain <br />to the scope of Work described in this Agreement, and b) do not involve any alteration of the Final <br />Plans described in this Agreement, or result in any Change Orders resulting in an increased <br />Contract Amount, without the express written approval of the City. Prior written approval from <br />the City must be obtained by Miami -Dade County before Miami -Dade County asserts any rights <br />under this Agreement. <br />ARTICLE 44. AMENDMENTS <br />No modification, amendment, or alteration in the terms or conditions contained herein shall be <br />effective unless contained in a written document prepared with the same or similar formality as <br />this. Agreement and executed by the City and Contractor. <br />030.6178 - AMERICAN RAMP COMPANY 27 <br />