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<br />4. UNDISCLOSED CONDITIONS: In the event that undisclosed conditions are discovered <br />during the performance of the Additional Services, the City shall have the right to cancel this <br />Agreement upon thirty (30) days written notice to contractor. <br /> <br />5. INSURANCE: Contractor shall, at its sole cost and expense, during the period of any <br />work being performed under the Agreement, or any amendment thereto, procure and maintain the <br />minimum insurance coverage as provided in the Agreement. Prior to the execution of this Second <br />Amendment, and at any time upon request, Contractor shall furnish to the City certificates of <br />insurance evidencing the minimum required coverage and appropriately endorsed for contractual <br />liability with the City named as an additional insured. <br /> <br />6. NOTICES: All notices and other communications required or permitted to be given under <br />this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise <br />provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt <br />requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by <br />facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, <br />first class postage prepaid, return receipt requested or by overnight delivery by traditionally <br />recognized courier service), addressed to such party as follows: <br /> <br />If to the City: Christopher J. Russo City Attorney <br /> City Manager City of Sunny Isles Beach <br /> City of Sunny Isles Beach 18070 Collins A venue <br /> 18070 Collins Avenue Sunny Isles Beach, Florida 33 I 60 <br /> Sunny Isles Beach, Florida 33 I 60. Ph: 305-947-0606 <br /> Ph: 305-947-0606 <br />If to the Contractor. Ramon Soria, President <br /> Marlin Engineering, Inc. <br /> 2191 NW 97 Avenue <br /> Florida 33172 <br /> Ph: 305-477-7575 <br /> <br />7. MISCELLANEOUS: <br /> <br />A. In the event any provision of this Agreement is found to be void and unenforceable <br />by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless <br />be binding upon the parties with the same effect as though the void or unenforceable provisions had <br />been severed and deleted. <br /> <br />B. The Agreement and the first and second amendments thereto shall constitute the <br />entire agreement between the parties with respect to the subject matter hereof, and it shall supersede <br />all previous and contemporaneous oral and written negotiations, commitments, agreements and <br />understanding relating hereto. <br /> <br />Second Amendment to Marlin Eng. SIB Blvd. Improvement <br />2 <br /> <br />S\B <br />