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TERMINATION FOR CONVENIENCE. <br />The CITY may at any time give ten (10) days written notice to the CONTRACTOR of the <br />termination of this Agreement, in whole or in part, for the CITY's convenience and without cause. <br />COMPENSATION. <br />A. The amount to be paid under this Agreement for services rendered will not exceed a one-time <br />fee of seven thousand dollars ($7,000) for the initial implementation and four thousand dollars <br />($4,000) annually for a total of twenty-seven thousand dollars ($27,000) fixed over 5 years for <br />the term of this Agreement, in accordance with the pricing schedule set forth in Exhibit "B" which <br />is attached hereto and made a binding part hereof. <br />B. Compensation for services completed by the CONTRACTOR will be paid in accordance with <br />section 218.70, Florida Statutes, Florida's Prompt Payment Act. <br />C. Services to be performed in accordance with this Agreement are subject to the annual appro- <br />priation of funds by the CITY. In its sole discretion, the CITY reserves the right to forego use of <br />the CONTRACTOR for any project which may fall within the Scope of Services listed herein. In the <br />event the CITY is not satisfied with the services provided by the CONTRACTOR, the CITY will hold <br />any amounts due until such time as the CONTRACTOR has appropriately addressed the problem. <br />PAYMENT WHEN SERVICES ARE TERMINATED. <br />A. In the event of termination of this Agreement by the CITY for convenience, the CITY shall <br />compensate the CONTRACTOR for all services performed prior to the effective date of termina- <br />tion. <br />B. In the event of termination of this Agreement due to the fault of the CONTRACTOR, or at the <br />written 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. All such payments shall be subject to an off -set for any <br />damages incurred by the CITY resulting from any delay occasioned by early termination. This <br />provision shall in no way be construed as the sole remedy available to the CITY in the event of <br />breach by the CONTRACTOR. <br />Thank you for this opportunity. <br />Sincerely, <br />9 <br />.Joe Stimac, CEO <br />