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<br />Sep 18 07 OS:54a <br /> <br />ADT <br /> <br />sss-ssss-sss <br /> <br />p. 1 <br /> <br />lH-;;;;~ <br /> <br /> <br />;~;:,:~'";~ ADDEND UM TO THE AIlT COMMERCIAl, SALES PROPOSA L AGREE <br />~<:::::~>," BETWEEN CITY OF SUNNY ISLES BEACH <br />AND ADT SECURITY SERVICES. INC <br /> <br />lENT <br /> <br />THIS FIRST ADDENDUM TO THE ADT CO:.vIMERCIAL SALES P~OPOSAL <br />AGREEMENT, executed this /-;i Ih day of September, 2007, is hereby attached to and is made a part of <br />said ADT Commercial Sales Proposal Agreemcntby and between the City of Sunny Isles Beaqh ("City") <br />and ADT Security Services, Inc. ("Contractor") a Delaware Corporation The City and Contradtor hereby <br />agree as follows: <br /> <br />1. CONTRACT TIMES: The installation work to be performed by Contractor must (;0 mence by <br />September 17, 2007, and be completed no later than October 29,2007. <br /> <br />2. LIQUIDATED DAMAGES: City and Contractor recognize that time is of the esse ce of tbis <br />Agreement and that the City will suffer financial loss if the installation work is not finished within the <br />commencement and completion dates specified in paragraph I above. They also recogni e that the <br />delays, expense and difficulties involved in providing the actual loss suffered by the qity if the <br />installation work is not completed on time. Accordingly, instead of requiring such proof, tht City and <br />Contractor agree that as Ijquidated damages for delay (but not as a penalty) Contractor shall pdy the City <br />Two Hundred and Fifty Dol1m's ($250.00) for each day that expires after the completion date s ecified in <br />paragraph 1 anove for the installation work. Notwithstanding the foregoing, the City vill allow <br />Contractor access to the worksite during normal business hours. Furthermore, the City will not assess <br />liquidated damages for delays caused by power and/or phone outages. <br /> <br />3. TERMINATION: <br /> <br />A. Termination for Cause. Except for the conditions in Paragraph K of the ADT C mmerciaJ <br />Sales Proposal Agreement, if through any cause within the reasonable control of the Contractor, the <br />Contractor shall fail to fulfill or otherwise violate any of the covenants, agreements or S~irulations <br />material to this agreement, the City shall have the right to terminate the services thcn remaiIj1ing to be <br />performed. Prior to the exercise of its option to terminate for cause, the City shall proviJle written <br />notification to the Contractor of its violation of the particular terms of the agreement and grant Contractor <br />tcn (10) days to cure such default. If the default remainil uncured after ten (10) days the City may <br />terminate this agreement <br /> <br />(i.) In the event of termination, all finished and unfinished documents, data and l ther work <br />product prepared by Contractor (and sub Contracror(s)) specific to thc proje t shall be <br />delivered to the City upon City's written request and the City shall camp nsate the <br />Contractor for all services satisfactorily performed prior to the date of termi Jation, as <br />provided in Paragraph 3 herein. <br /> <br />(i i.) <br /> <br />C. TermInation for Insolvency, The City also reserves the right to terminate the cmalllmg <br />services to be performed in the event the Contractor is placed either in voluntary or i vo]untal'y <br />bankruptcy or makes any assignment for the benefit of creditors. <br />C0607-11J ADT Security Services, Inc. Agreement First AddemJlIm <br /> <br />"'_"r___ <br /> <br />-,...-..-""""',--=------- -- <br /> <br />_____. ~ -.a~...__,.._........,_,...._ ..t...-- <br />