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<br />8, Terminate and settle all orders and subcontracts relating to the performance of the <br />terminated work. <br /> <br />C, Transfer all work in process, completed work, and other material related to the <br />terminated work to the CITY. <br /> <br />0, Continue and complete all parts of the work that have not been terminated. <br /> <br />The FINANCIAL ADVISOR shall be paid for services actually rendered to the date of <br />termination. In the event of such termination, it is understood and agreed that only the amount <br />due FINANCIAL ADVISOR for services provided and expenses incurred to the date of <br />termination will be due and payable. No penalty will be assessed for termination of this <br />Agreement. <br /> <br />ARTICLE 15 UNCONTROLLABLE FORCES <br /> <br />Neither the CITY nor the FINANCIAL ADVISOR shall be considered to be in default <br />of this Agreement if delays in or failure of performance shall be due to <br />Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the <br />nonperforming party results in the prevention or delay of performance by a part of its <br />obligations under this Agreement and which is beyond the reasonable control of the <br />nonperforming party. Uncontrollable Forces include, but are not limited to, fire, <br />flood, earthquake, storm, lightning, epidemic, war, riot, civil disturbance, sabotage, and <br />governmental action. <br /> <br />ARTICLE 16 GOVERNING LAW AND VENUE <br /> <br />The laws of the State of Florida shall govern this Agreement. Any and all legal action <br />necessary to enforce the Agreement will be held in Miami-Dade County, and the <br />Agreement will be interpreted according to the laws of Florida. <br /> <br />ARTICLE 17 NON-DISCRIMINATION <br /> <br />The FINANCIAL ADVISOR warrants and represents that all of its employees are treated <br />equally during employment without regard to race, color, religion, gender, age, or <br />national origin. <br /> <br />ARTICLE 18 WAIVER <br /> <br />A waiver by either the CITY or the FINANCIAL ADVISOR of any breach of this <br />Agreement shall not be binding upon the waiving party unless such a waiver is in <br />writing. In the event of a written waiver, such a waiver shall not affect the waiving <br />party's rights with respect to any other or further breach. The making or acceptance of a <br />payment by either party with knowledge of the existence of a default or breach shall not <br />operate or be construed to operate as a waiver of any subsequent default or breach. <br /> <br />5 <br />