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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 /> particular terms of the Agreement and grant Contractor ten (10) days to cure such <br /> default. If the default remains uncured after ten (10) days the City may terminate <br /> this Agreement,and the City shall receive a refund from the Contractor in an amount <br /> equal to the actual cost of a third party to cure such failure. If Contractor fails, <br /> refuses or is unable to perform any term of this Agreement, City shall pay for <br /> services rendered as of the date of termination. <br /> (i.) In the event of termination, all finished and unfinished documents, data and <br /> other work product prepared by Contractor (and sub Contractor (s)) shall be <br /> delivered to the City and the City shall compensate the Contractor for all <br /> Services satisfactorily performed prior to the date of termination. <br /> (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability <br /> to the City for damages sustained by it by virtue of a breach of the Agreement <br /> by Contractor and the City may reasonably withhold payment to Contractor for <br /> the purposes of set-off until such time as the exact amount of damages due the <br /> City from the Contractor is determined. Additionally, in the event of <br /> termination by the City, whether for cause or convenience, the Contractor shall <br /> only be entitled to compensation for Services satisfactorily performed prior to <br /> the date of termination and shall not be entitled to any damages for the <br /> remaining unexpired term of the Agreement. Finally, in no event shall the <br /> Contractor, including any party related thereto or affiliated therewith, be <br /> entitled to any indirect, incidental, consequential, punitive or special damages, <br /> including but not limited to, lost profit. <br /> B. Termination for Convenience of City.The City may, for its convenience and without <br /> cause terminate the Services then remaining to be performed at any time by giving <br /> Contractor ten(10)days written notice. The terms of Paragraph A(i)and A(ii)above <br /> shall be applicable hereunder. <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 <br /> in voluntary or involuntary bankruptcy or makes any assignment for the benefit <br /> of creditors. <br /> D. Termination for Abandonment. The City reserves the right to terminate the contract <br /> and any remaining Services to be performed in the event that a security officer <br /> abandons the designated post for any reason, upon written notice. <br /> 9. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement shall <br /> be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue <br /> for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes <br /> necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and <br /> 5 <br /> 6826-089 FPI SECURITY SERVICES. INC. <br />