Reso 2020-3073 - Laserfiche WebLink

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i } • City ofSunny Isles Beaeli. 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 - - (305)947-0606 phone(305)949-3113 Fax - • ' 9.5 'Where the City or its designee becomes aware of faults,defects or non-conformity in any of the work provided under this Agreement or with the work.:being " performed'by the Contractor, the City or its designee shall issue a Notice to Cure to the-Contractor for correction. In no event shall the failure of the City or its designee to bring to the attention of the Contractor of such faults act as a waiver or release the Contractor,from responsibility or liability for such fault,'defect or non: ' E 4.conforming work: , 4' 10. TERMINATION AND REMEDIES FOR BREACH. - A. If,through any cause within reasonablecontrol, the Contractor 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 Contractor of its violation of the particular terms of the Agreement and grant Contractor 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 Contractor in an amount equal to the actual cost.of a third party to cure such failure. If Contractor fails, . refuses or is unable'. to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfinished documents, data and . other work product prepared by Contractor shall be delivered to the City and the City "shall compensate' the Contractor for all Services satisfactorily • performed prior�to the date of termination; . ._ (ii.) Notwithstanding the foregoing, the Contractor shall not'be relieved of liability ,to the City for damages sustained by;it by_virtue of a breach of the Agreement ` - by Contractor and the City may reasonably withhold payment to Contractor for - ' `the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. . Termination for Convenience of City .The City may,for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10)days written notice. The terms of Paragraph 8A(i) and A(ii) above shall be applicable hereunder; C. Termination for Insolvency. The City also reserves the right to terminate the I remaining Services t`o be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. t � a _. - - _ 11. -CONFIDENTIAL INFORMATION. The Contractor 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 . Contractor 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 Contractor under this Agreement, , Millcnium Products,Inc.02020-7081 6