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<br />(ii.) Notwithstanding the foregoing, the Consultant 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 Consultant and the City may reasonably withhold <br />payments to Consultant for the purposes of set-off until such time as the <br />exact amount of damages due the City from the Consultant is determined. <br /> <br />B. Termination for Convenience of City. The City may, for its convenience and <br />without cause terminate the services then remaining to be performed at any time by <br />given written notice which shall become effective seven (7) days following receipt by <br />Consultant. The terms of Paragraphs A(i) and (ii) shall be applicable hereunder. <br /> <br />C. Termination for Insolvency. The City also reserves the right to terminate the <br />remaining services to be performed in the event the Consultant is placed either in <br />voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br />creditors. <br /> <br />9. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Consultant shall <br />not subcontract, assign or transfer any work under this agreement with the prior written <br />consent of the City. Should the Consultant subcontract any services under this <br />agreement, it shall be done with continued liability for the Consultant. The Consultant <br />shall remain responsible for services, responsibilities and liabilities of the subcontractor <br />or any person or entity acting under Consultant. <br /> <br />10. TIME OF COMPLETION. The services to be rendered by the Consultant shall <br />be commenced upon execution of this contract and shall be completed within the time <br />specified in this agreement. A reasonable extension of time shall be granted in the event <br />the work of the Consultant is delayed or prevented by the City or by circumstances <br />beyond the reasonable control of the Consultant including weather conditions of acts of <br />God which render the performance of the Consultant's duty impracticable. <br /> <br />11. INSURANCE REOUIREMENTS. Consultant shall maintain workmen's <br />compensation insurance, as required by Maryland law and shall furnish a copy of <br />insurance certificate to the City. Additionally, the Consultant shall also maintain <br />general liability insurance in the total amount of $2 million dollars and $ Imillion per <br />incident. A certified copy of the Consultant's (or any sub-consultant's) insurance, <br />naming the City as an also insured, must be filed and approved with the City Manager. <br /> <br />12. WANER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby <br />knowingly, voluntarily and intentionally, waive the right which any may have to a jury <br />trial in respect of any action, proceeding, litigation or counterclaim based hereon or <br />arising out of, under, on or in connection with this agreement or any course of conduct, <br />course of dealing, statements (whether verbal or written) or actions of either of party. <br /> <br />13. ARBITRATION. It is the intention of the parties that whenever possible, if a <br />dispute or controversy arises hereunder then such dispute or controversy shall be settled <br />by arbitration in accordance with the procedures, rules and regulations of the American <br />Arbitration Association. The decision rendered by the Arbitrator shall be final and <br />binding upon the parties and judgment upon the award rendered by the arbitrator may be <br /> <br />3 <br />