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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />violation of the particular terms of the agreement and grant Contractor ten (10) days to cure such <br />default. If the default 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, data <br />and other work product prepared by Contractor (and sub-Contractor[s]) <br />shall be delivered to the City and the City shall compensate the <br />Contractor for all services satisfactorily performed prior to the date of <br />termination, as provided in Paragraph 4 herein. <br /> <br />II. Notwithstanding the foregoing, the Contractor 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 Contractor and the City may reasonably withhold <br />payments to Contractor for the purposes of set-off until such time as the <br />exact amount of damages due the City from the Contractor is determined. <br /> <br />III. After receipt of a Termination Notice and except as otherwise directed by <br />the City, the Contractor shall: <br /> <br />I. Stop work on the date and to the extent specified. <br /> <br />2. Terminate and settle all orders and subcontracts <br />relating to the performance of the terminated work. <br /> <br />3. Transfer all work in process, completed work and <br />other materials related to the terminated work to the <br />City. <br /> <br />4. Continue and complete all parts of that work that <br />have not been terminated. <br /> <br />b. Termination for Convenience of City. The City may, for its convenience and without <br />cause terminate the services then remaining to be performed provided that the Contractor is given <br />thirty (30) days notice. <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 Contractor is placed either in voluntary or <br />involuntary bankruptcy or makes any assignment for the benefit of creditors. <br /> <br />11. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not <br />subcontract, assign or transfer any work under this agreement without the prior written consent of the <br />City. Should the Contractor subcontract any services under this agreement, it shall be done with <br />continued liability for the Contractor. The Contractor shall remain responsible for services, <br />responsibilities and liabilities of any person or entity acting under Contractor. <br /> <br />12. TIME OF COMPLETION. The services to be rendered by the Contractor shall be <br />commenced upon execution of this contract and shall be completed within the time specified in <br /> <br />C0506-0] I Asphalt & Sealcoating Agrmt <br /> <br />5 <br /> <br />S/8 <br />