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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 />insurance evidencing the minimum required coverage and shall be appropriately endorsed for <br />contractual liability, with the City named as additional insured. All policies shall contain a <br />waiver of subrogation endorsement. All policies and certificates shall be in forms and issued <br />by insurance companies acceptable to the City Manager or his designee. All insurance policies <br />and certificates of insurance shall provide that the policies may not be canceled or altered <br />without thirty (30) days prior written notice to the City. Contractor shall also require and <br />ensure that each of its sub -Contractors providing services hereunder (if any) procures and <br />maintains, until the completion of the services, insurance of the types and to the limits specified <br />herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS <br />SECTION MUST BE APPROVED IN WRITING BY THE CITY. <br />7. OWNERSHIP OF DOCUMENTS. All documents prepared by the Contractor pursuant <br />to this Agreement and related Services to this Agreement are intended and represented for the <br />ownership of the City only. Any other use by Contractor or other parties shall be approved in <br />writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen <br />(15) calendar days. <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 to cure such <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 amount <br />equal to the actual cost of a third party to cure such failure. If Contractor fails, <br />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 shall be delivered to the City and <br />the City shall compensate the Contractor for all Services satisfactorily <br />performed prior to the date of termination. <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 />Contractor ten (10) days written notice. The terms of Paragraph 8A(i) and A(ii) <br />above shall be applicable hereunder. <br />Light Br Up LLC S <br />