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City of Casselberry I Procurement and Contract Management Division <br />95 Triplet Lake Drive, Casselberry, Florida 32707 <br />Phone: 407-262-7700, Ext. 1142 1 procurement@casselberry.org <br />SG -2020-0643 Golf Course Management Services <br />SECTION 10 DEFAULT BY CONTRACTOR AND CITY'S REMEDIES <br />In the event of a default by CONTRACTOR, the CITY shall have the right to exercise any remedy the CITY may <br />have by operation of law, without limitation, and without any further demand or notice. <br />SECTION 11 BANKRUPTCY OR INSOLVENCY <br />If the CONTRACTOR files a Petition in Bankruptcy, or if the same is adjudged bankrupt or insolvent by any <br />Court, or if a receiver of the property of the CONTRACTOR is appointed in any proceeding brought by or against <br />the CONTRACTOR, or if the CONTRACTOR makes an assignment for the benefit of creditors, or proceedings <br />are commenced on or against the CONTRACTOR's operations, the CITY may terminate this Agreement <br />immediately notwithstanding the notice requirements as provided herein. <br />SECTION 12 PAYMENT WHEN SERVICES ARE TERMINATED <br />A. In the event of termination of this Agreement by the CITY for convenience, the CITY shall compensate <br />the CONTRACTOR for all services performed prior to the effective date of termination. <br />B. In the event of termination of this Agreement due to the fault of the CONTRACTOR, or at the written <br />request of the CONTRACTOR, the CITY shall compensate the CONTRACTOR for all services <br />completed, prior to the effective date of termination, which have resulted in a usable product, or <br />otherwise tangible benefit to the CITY the determination of which is at the CITY's sole discretion. All <br />such payments shall be subject to an offset for any damages incurred by the CITY resulting from any <br />delay occasioned by early termination. This provision shall in no way be construed as the sole remedy <br />available to the CITY in the event of breach by the (-C)K1 "RA(-TC)R, A final accounting of all monies <br />owed or due will be completed upon termination and any actions necessary to ensure proper payment <br />under this Agreement shall be processed accordingly by both parties. <br />SECTION 13 INSURANCE (CHECK AMOUNTS and ADJUST AS NECESSARY) <br />A. The CONTRACTOR shall maintain the following types of insurance, with the respective limits, and <br />shall provide proof of same to the CITY, in the form of a Certificate of Insurance prior to the start of <br />any work hereunder: <br />Automobile combined single limit or <br />a) Automobile Bodily Injury and <br />b) Automobile Property Damage <br />Umbrella / Excess Liability <br />Liability each occurrence <br />c) Aggregate combined limit (policy year) <br />Commercial General Liability <br />d) Each Occurrence <br />e) Medical Expense (Any one Person) <br />e) Personal & Adv. Injury <br />f) General Aggregate <br />g) Products — Comp/OP AGG <br />h) Professional Liability (errors and omissions) <br />i) Worker's Compensation <br />j) Commercial Liquor Liability <br />$1,000,000.00 <br />$500,000.00 <br />$500,000.00 <br />$1,000,000.00 <br />$1,000,000.00 <br />$1,000,000.00 <br />$1,000,000.00 <br />$1,000,000.00 <br />$5,000.00 <br />$1,000,000.00 <br />$2,000,000.00 <br />$1,000,000.00 <br />$1,000,000.00 <br />$1,000,000.00 <br />$1,000,000.00 <br />WORKERS' COMPENSATION: Employers' liability insurance which covers the statutory obligation <br />for all persons engaged in the performance of the work required hereunder with limits not less than <br />PUR-F-405 4 10/2019 <br />