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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 />limitation with respect to any other obligation which Contractor might have under <br />this Agreement including but not limited to any claim regarding latent defects. <br />D. Failure to reject any defective work or material shall not in any way prevent <br />later rejection when such defect is discovered, or obligate the City to final <br />acceptance. <br />E. Where the City or its designee becomes aware of faults, defects, or non -conformity <br />in any of the work provided under this Agreement or with the work being <br />performed by the Contractor, the City or its designee shall issue a Notice to Cure <br />to the Contractor for correction. In no event shall the failure of the City or its <br />designee to bring to the attention of the Contractor of such faults act as a waiver or <br />release the Contractor from responsibility or liability for such fault, defect or non- <br />conforming work. <br />9. TERMINATION AND REMEDIES FOR BREACH. <br />A. The City may, by written notice to Contractor, terminate the contract if Contractor <br />has been found to have failed to perform the Services in a manner satisfactory to the <br />City as per specifications set forth in the Contract Documents. The date of <br />termination shall be stated in the notice. The City shall be the sole judge of non- <br />performance. <br />In the event of termination, all finished and unfinished documents, data <br />and other work product prepared by Contractor shall be delivered to the <br />City and the City will only be responsible for paying the Contractor for <br />Services satisfactorily performed prior to the date of termination. Under <br />no circumstances will the City be responsible for monthly service charges <br />for the remaining, unexpired portion of the then existing term. <br />2. Notwithstanding the foregoing, the Contractor shall not be relieved of <br />liability to the City for damages sustained by it by virtue of a breach of <br />the Agreement by Contractor and the City may reasonably withhold <br />payment to Contractor for the purposes of set-off until such time as the <br />exact amount of damages due the 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 thirty (30) days written notice. The terms of Paragraph 9A(1) and A(2) <br />above shall 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 />Green Facility, Inc. Page 6 of 18 <br />