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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 (305)947-0606 phone(305)949-3113 Fax To be paid within thirty (30) days of the City's receipt of Performer/Instructor's monthly invoice. Pursuant to the terms and conditions of this agreement,the total amount of compensation to the Performer/Instructor shall not exceed $10,000.00. However, in the event that the total fees by the Performer/Instructor approaches that amount, the City Manager shall require an approval by the City Commission for such expenditures. SECTION FOUR LIABILITY FOR EXPENSES All expenses in any way pertaining to the 40 teddlegimumce/class shall be the sole and separate liability of the Performer/Instructor. City assumes no financial responsibility of any __. kind or nature relative to this Agreement. SECTION FIVE CANCELLATION If the event/class is prevented by governmental regulation or order, or other calamity such as fire,earthquake,hurricane, or similar acts of God,the City shall be relieved of any responsibility for payment of the scheduled event/class. Similarly, if Performer/Instructor is unable to perform as required by this Agreement due to acts of God or severe illness,Performer/Instructor shall be relieved of any responsibility to the City except the Performer/Instructor shall provide suitable replacements and the City shall only pay the replacement an amount approved by the Cultural and Human Services Director. SECTION SIX TERMINATION AND REMEDIES FOR BREACH A. If, through any cause within reasonable control, the Performer/Instructor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Performer/Instructor of its violation of the particular terms of the Agreement and grant Performer/Instructor ten(10)days to cure such default. If the default remains uncured after ten(10)days the City may terminate this Agreement, and the City shall receive a refund from the Performer/Instructor in an amount equal to the actual cost of a third party to cure such failure. If Performer/Instructor fails,refines or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. 2 C1112- Agreement—Recurring Events Form#1 FFVAL VERSlON06/1p12