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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 /> 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 /> • <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 to cure such <br /> • <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 <br /> amount equal to the actual cost,of a third party to curesuchfailure. If Contractor <br /> fails, 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 tennination,as provided in <br /> Paragraph 5 herein. <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 <br /> without cause immediately terminate the Services then remaining to be performed at <br /> any time by giving written notice.The terms of Paragraph A(i) and A(ii)above shall <br /> 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 in <br /> • voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br /> creditors.' <br /> D. Termination for failure to adhere to the Public Records Law. Failure of the <br /> Contractor to adhere to the.requirements of Chapter 119 of the Florida Statutes and <br /> Section 18 below,may result in immediate termination of this agreement. <br /> 10. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall <br /> be interpreted and construed in accordance with and governed by the laws of the State of Florida. <br /> All parties agree and accept that jurisdiction of any dispute'or controversy arising out of this <br /> 1 Agreement, and any action involving the enforcement or interpretation of any rights hereunder <br /> shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, <br /> • Florida, and'venue.for litigation.arising out of this Agreement shall be exclusively in such state <br /> courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or <br /> other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to <br /> any term- or.provision under this Agreement,. enforce then the City shall be entitled to its costs and <br /> • <br /> 2020-7328 Tadeo Engineering,LLC <br /> 5 <br />