Reso 2013-2148 - Laserfiche WebLink

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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 (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant shall be delivered to the City and the City shall compensate the Consultant for all Services satisfactorily performed prior to the date of termination, as provided in Section 5 herein. (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained b }/ it by virtue of a breach of the Agreement by Consultant and the City may reasonably withhold payment to Consultant for the purposes of set -off until such time as the exact amount of damages due the City from the Consultant is determined. B. Termination for Convenience of City. The Cite may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Consultant ten (10) days written notice. The terms of Section 9 A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency, The City alcn resempC the right to terminate the remaining Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 10. ATTORNEY'S FEES. In any action incurred by the City to enforce or interpret any term or provision of this Agreement, and the City is the prevailing party, then the City shall be entitled to its costs and attorney's fees incurred at the pretrial, trial and appellate levels, in addition to such other relief as may be sought and awarded to the City. 11. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Consultant under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Consultant of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Consultant from violating such provisions. 12. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by C1314 -007 BELL DAVID - Planning & Zoning Services FeP i L..