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<br />the agreement and grant Consultant ten (10) days to cure such default. If the default <br />remains uncured after ten (10) days the City may terminate this agreement <br /> <br />(i.) In the event of termination, all finished and unfinished documents, <br />data and other work product prepared by Consultant (and sub <br />consultant(s)) shall be delivered to the City and the City shall <br />compensate the Consultant for all services satisfactorily performed <br />prior to the date of termination, as provided in Paragraph 4 herein. <br /> <br />(ii.) Notwithstanding the foregoing, the Consultant shall not be relieved <br />of liability to the City for damages sustained by it by virtue of a <br />breach of the agreement by Consultant and the City may <br />reasonably withhold payments to Consultant for the purposes of <br />set-off until such time as the exact amount of damages due the City <br />from the Consultant is determined. <br /> <br />B. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its <br />convenience and without cause terminate the services then remaining to be performed at <br />any time by given written notice which shall become effective seven (7) days following <br />receipt by Consultant. The terms of Paragraphs A(i) and (ii) shall be applicable <br />hereunder. <br /> <br />C. TERMINATION FOR INSOLVENCY. The City also reserves the right to <br />terminate the remaining services to be performed in the event the Consultant is placed <br />either in 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 Florida low and shall furnish a copy of insurance <br />certificate to the City. Additionally, the Consultant shall also maintain general liability <br />insurance in the amount of ONE MILLION ($1,000,000.00) DOLLARS and ONE <br />MILLION ($1,000,000.00) DOLLARS per incident. A certified copy of the <br />Consultant's (or any sub-consultant's) insurance, naming the City as an also insured, <br />must be filed with the City Manager prior to commencement. The insurance must be <br />3 <br /> <br />Bermello-Ajamil Consulting Agreement <br />