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<br />purposes of 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 convenience and <br />without cause terminate the services then remaining to be performed at any time by given written <br />notice which shall become effective seven (7) days following receipt by Consultant. The terms <br />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. 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 />12. 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 />Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' <br />fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails <br />on the whole, each party shall be responsible for a portion of the costs of arbitration. And their <br />respective attorneys' fees as may be determined by the court on confirmation. <br /> <br />13. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of <br />this Agreement or any time for a period of TEN (10) years subsequent to that date upon which <br />the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any <br /> <br />Page 3 of5 <br /> <br />Golden Shores Drainage System Project Oversight - Beiswenger Hoch & Associates <br />