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City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax this Agreement by both parties and presentation of an invoice for 50% of the total contract amount (i.e. $2,395.00); and (2) Two Thousand Three Hundred Ninety Fifty Dollars ($2,395.00) upon completion of Services, acceptance by the City, and presentation of an invoice for 50% of the remaining contract amount (i.e. $2,395.00). If the City disputes any charges on the invoices, it may make payment of the uncontested amount and withhold payment on the contested amounts until they are resolved by Agreement between the parties. 6. Interest of the Consultant. Consultant covenants that it now has no personal interest, direct or indirect, in the Temple B'Nai Zion located at 200 N.E. 178th Street, Sunny Isles Beach, or in any other property or business of any kind located in the City or elsewhere, and shall not acquire any such interest, which would conflict in any manner or degree with the performance of Services under this Agreement. 7. Independent Contractor. Except as expressly provided for in this Agreement, Consultant is not authorized to act as the City's agent hereunder and shall have no authority, expressed or implied, to act for or bind the City hereunder in any manner whatsoever. 8. Assignment. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior express and written consent of the other party. 9. Indemnification. Consultant covenants and agrees to defend, indemnify and hold harmless the City, its officers, agents, officials and employees, from, for and against any loss, damage, liability or claim (including without limitation, attorneys' fees and other costs and expenses incident to any suit, action or other proceeding) arising out of the Consultant's acts or omissions under this Agreement, including those of their agents and /or employees. 10. Termination for Cause. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner her obligations under this Agreement, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the immediate right to immediately terminate this Agreement by giving notice to the Consultant of such termination and specifying the effective date of such termination. In such event, all finished or unfinished documents, data, studies, reports, or other materials prepared by the Consultant under this Agreement shall at the option of the City become the property of the City and the Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City of any breach of Agreement by the Consultant and the City may withhold any payments to the Consultant for the purpose of set- off until such time as the exact amount of damages due to the City from the Consultant is determined. 2