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<br />to Consultant for the purposes of set-off until such time as the exact <br />amount of damages due the City from the Consultant is determined. <br /> <br />B. TERMINA nON FOR CONVENIENCE OF CITY. The City may, for its convenience <br />and without cause terminate the services then remaining to be performed at any time by given <br />written notice which shall become effective seven (7) days following receipt by Consultant. The <br />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 voluntary or <br />involuntary bankruptcy or makes any assignment for the benefit of creditors. <br /> <br />9. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Consultant shall not <br />subcontract, assign or transfer any work under this agreement with the prior written consent of <br />the City. Should the Consultant subcontract any services under this agreement, it shall be done <br />with continued liability for the Consultant. The Consultant shall remain responsible for services, <br />responsibilities and liabilities of the subcontractor or any person or entity acting under <br />Consultant. <br /> <br />10. TIME OF COMPLETION. The services to be rendered by the Consultant shall be <br />commenced upon execution of this contract and shall be completed within the time specified in <br />this agreement. A reasonable extension of time shall be granted in the event the work of the <br />Consultant is delayed or prevented by the City or by circumstances beyond the reasonable <br />control of the Consultant including weather conditions of acts of God which render the <br />performance of the Consultant's duty impracticable. <br /> <br />11. INSURANCE REQUIREMENTS. Consultant shall maintain workmen's compensation <br />insurance as required by Florida low and shall furnish a copy of insurance certificate to the City. <br />Additionally, the Consultant shall also maintain general liability insurance in the amount of ONE <br />MILLION ($1,000,000.00) DOLLARS and ONE MILLION ($1,000,000.00) DOLLARS per. <br />incident. A certified copy of the Consultant's (or any sub-consultant's) insurance, naming the <br />City as an also insured, must be filed with the City Manager prior to commencement. The <br />insurance must be furnished by insurance companies authorized to do business in the State of <br />Florida and approved by the City Manager. <br /> <br />12. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, <br />voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any <br />action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in <br />connection with this agreement or any course of conduct, course of dealing, statements (whether <br />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 dispute or <br />controversy arises hereunder, then, such dispute or controversy shall be settled by arbitration in <br />accordance with the procedures, rules and regulations of the American Arbitration Association. <br />The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment <br />upon the award rendered by the arbitrator may be entered in any court having jurisdiction. <br /> <br />3 <br /> <br />Bcnncllo-Ajamil Consulting Agreement <br />