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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 /> 8. 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 <br /> stipulations material to this Agreement, the City shall have the right to terminate the <br /> Services then remaining to be performed. Prior to the exercise of its option to <br /> terminate for cause, the City shall notify the Contractor of its violation of the <br /> particular terms of the Agreement and grant Contractor Ten(10)days written notice <br /> to cure such default. If the default remains uncured after Ten (10)days the City may <br /> terminate this Agreement, and the City shall receive a refund from the Contractor in <br /> an amount equal to the actual cost of a third party to cure such failure. <br /> (i) In the event of termination, all finished and unfinished documents,data and other <br /> work product prepared by Contractor shall be delivered to the City and the City <br /> will only be responsible for paying the Contractor for Services satisfactorily <br /> performed prior to the date of termination. Under no circumstances will the City <br /> be responsible for monthly service charges for the remaining, unexpired portion <br /> of the then existing term. <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. <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 /> Ten (10) days written notice. The terms of Paragraph 8A(i) and A(ii) above shall be <br /> 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 in <br /> voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br /> creditors. <br /> D. Escalation Process. Notwithstanding the City's right to terminate the Services <br /> with or without cause, the City shall also have the alternative option to the dispute <br /> resolution escalation process outlined in Section 3.5 of ITB No. 16-03-01. <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 /> the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the <br /> pretrial, trial and appellate levels. <br /> 4 SID <br /> C6189-I5I6-069 ACADEMY BUS. LLC. <br />