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City o,7'Sunny Isles .Beach 18070 Collins Avenue, Sienny Isles Beach, Florida 33160 (305) 941-0606 phone (305) 949-3113 Fax Insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. Ali policies shall contain a waiver a cetbrogation endorsement. All poligles and eerfflostps shall be In forms and issued by insurance companies acceptable to the City Manager orhis designee. All insurance policies and certificates of insurance shall pravide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub -Contractors providing services hereunder (if any) procures and maintains, until the completion ofthe services, insurance ofthe types and to the limits specified herein. ANY EXCEP'ICIONS TO THE, 3NSURANCE REQYJI>(R' WNTS IN THIS SECTION MUST BE APPROVED IN WRITING BY TM, Offy, 7. OWNERSHIP OFDCt I� --�.(�Ji S All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the Ownership. of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (1S) calendar days. Nt1iNATION AND RTi'Mp'1)i'Ti R urJ�BREACH A. If, through any cause withiin reasonable control, 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 ltg violation of the particular terms of the Agreement acid grant Contractor ton. (10) days to cure such default, If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City sha lreeeive arefund from the Contractor in an.amount equal to the actual cost of a third party to ouzo 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. 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 ooMpensate the Contractor for all Services satisfactorily performed prior to the.date of termination, (re.) 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 paymerg to Contractor for the purposes of setoff until such time as the exact amount of damages due the City from the Contractor is determined, B. Termination t'or Convenience of C The City may, for its convenience and without cause teeml i a% the Services then remaining to be performed at any time by giving Contractor ten (10) days• written notice. The teretes of Paragraph 8A(i) and A(Ii) above shall be applicable hereunder. Uyht %Er Up LLC 5 75