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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305) 947-0606 phone (305) 949-3113 Fax <br /> within the time indicated in writing by the City Manager or its designee, the City <br /> shall have the authority to cause the defective work to be removed or corrected, or <br /> make such repairs as may be necessary at Contractor's expense. Any expense incurred <br /> by the City in making such removals, corrections or repairs, shall be paid for out of <br /> any monies due or which may become due to Contractor. In the event of failure of <br /> Contractor to make all necessary repairs promptly and fully, which is not cured in the <br /> cure period, the City may declare Contractor in default. <br /> 12.3 If, within two (2) years after the date of completion of Services or such longer <br /> period of time as may be prescribed by the terms of any applicable special <br /> warranty required by the Contract Documents, or by any specific provision(s) of <br /> this Agreement, any of the work is found to be defective or not in accordance with this <br /> Agreement,Contractor,after receipt of written notice from the City or its designee,shall <br /> promptly correct such defective or nonconforming work within the time specified by the <br /> City without cost to the City. Nothing contained herein shall be construed to <br /> establish a period of limitation with respect to any other obligation which <br /> Contractor might have under this Agreement including but not limited to any claim <br /> regarding latent defects. <br /> 12.4 Failure to reject any defective work or material shall not in any way prevent <br /> later rejection when such defect is discovered, or obligate the City to final <br /> acceptance. <br /> 12.5 Where the City or its designee becomes aware of faults, defects or non-conformity <br /> in any of the work provided under this Agreement or with the work being performed <br /> by the Contractor, the City or its designee shall issue a Notice to Cure to the <br /> Contractor for correction. In no event shall the failure of the City or its designee to <br /> bring to the attention of the Contractor of such faults act as a waiver or release the <br /> Contractor from responsibility or liability for such fault, defect or non-conforming <br /> work. <br /> 13. TERMINATION AND REMEDIES FOR BREACH. <br /> A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in <br /> a timely manner or otherwise violate any of the covenants, agreements or stipulations <br /> material to this Agreement, the City shall have the right to terminate the Services then <br /> remaining to be performed. Prior to the exercise of its option to terminate for cause, <br /> the City shall notify the Contractor of its violation of the particular terms of the <br /> Agreement and grant Contractor ten (10) days to cure such default. If the default <br /> remains uncured after ten (10) days the City may terminate this Agreement, and the <br /> City shall receive a refund from the Contractor in an amount equal to the actual cost <br /> of a third party to cure such failure. If Contractor fails, refuses or is unable to perform <br /> any term of this Agreement, City shall pay for services rendered as of the date of <br /> termination. <br /> 072-2853 —0. Haligon Fine Art Studio, Inc. 6 <br />