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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) 949-3] J 3 Fax <br /> <br />10. TERMINATION. <br /> <br />a. If, through any cause within the reasonable control the Consultant shall fail to fulfill in a <br />timely manner or otherwise violate any of the covenants, agreements or stipulations material to this <br />agreement, the City shall have the right to terminate the services then remaining to be performed. <br />Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its <br />violation of the particular terms of the agreement and grant Consultant 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 />1. In the event of termination, all finished and unfinished documents, data <br />and other work product prepared by Consultant (and sub-Consultant( s]) <br />shall be delivered to the City and the City shall compensate the <br />Consultant for all services satisfactorily performed prior to the date of <br />termination, as provided in Paragraph 4 herein. <br /> <br />11. Notwithstanding the foregoing, the Consultant 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 Consultant and the City may reasonably withhold <br />payments to Consultant for the purposes of set-off until such time as the <br />exact amount of damages due the City from the Consultant is detennined. <br /> <br />111. After receipt of a Termination Notice and except as otherwise directed by <br />the City, the Consultant 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 tenninate the services then remaining to be performed provided that thirty (30) days notice is <br />provided to consultant. <br /> <br />c. Tennination 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 />C0607-102 Sunny Isles Beach City Hall Improvements Agreement <br />Page 5 01'9 <br /> <br />s\~ <br />