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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 />the City may reasonably withhold payments to Consultant for the purposes of set-off until such <br />time as the exact amount of damages due the City from the Consultant is determined. <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 at any time by given written notice which <br />shall become effective ten (10) days following receipt by Consultant. The terms of Paragraph 12 A(i) <br />and (ii) shall be applicable hereunder. <br /> <br />C. Termination for Insolvency. The City also reserves the right to terminate the remaining <br />services to be performed in the event the Consultant is placed either in voluntary or involuntary <br />bankruptcy or makes any assignment for the benefit of creditors. <br /> <br />13. 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 requested, <br />(ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile <br />with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class <br />postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier <br />service), addressed to such party as follows: <br /> <br />If to the City: A John Szerlag With a copy to: <br /> City Manager Hans Ottinot <br /> City of Sunny Isles Beach City Attorney <br /> 18070 Collins Avenue City of Sunny Isles Beach <br /> Fourth Floor 18070 Collins Avenue <br /> Sunny Isles Beach, Florida 33160 Fourth Floor <br /> Tel: (305) 792-1701 Sunny Isles Beach, Florida <br /> 33160 <br /> Tel: (305) 792-1702 <br />If to the Consultant: F. Antonio Rosabal, ALA Principal <br /> LIVS Associates <br /> 2121 Ponce De Leon Boulevard <br /> Suite 610 <br /> Coral Gables, Florida 33134 <br /> Tel: (305)-443-2933 <br /> <br />14. GOVERNING LAW: The validity of this Agreement and the interpretation and performance <br />of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, <br />without regard to principles of conflict of laws thereof. The location of any legal action or proceeding <br />commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida. <br /> <br />15. ARBITRATION: It is the intention of the parties that whenever possible, if a dispute or <br />controversy arises hereunder then such dispute or controversy shall be settled by arbitration in <br />6 <br /> <br />C0708-082 LIVS ASSOCIATES AGREEMENT <br />