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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947 -0606 phone (305) 949 -3113 Fax <br />FOR ARTIST: <br />Valeria Yamamoto <br />9800 West Bay Harbor Drive, Apt. 9412 <br />Bay Harbor Island, FL 33154 <br />10.5 ASSIGNMENT AND PERFORMANCE <br />ARTIST shall not assign, transfer, or encumber all or any portion of this Agreement. <br />ARTIST represents that all persons delivering the services required by this Agreement <br />have the knowledge and skills; either by training, experience; education, or a combination <br />thereof, to adequately and competently perform the duties, obligations, and services set <br />forth in this Agreement and to provide and perform such services for the agreed <br />compensation. <br />ARTIST shall perform its duties, obligations. and services under this Agreement in a <br />skillful and respectable manner. The quality of ARTIST'S performance and all interim <br />and final product(s) provided to or on behalf of CITY shall be comparable to the best <br />local and national standards. <br />10.6 WAIVER OF BREACH <br />The failure to enforce any provision of this Agreement shall not be deemed a waiver of <br />such provision or modification of this Agreement. A waiver of any breach of a provision <br />of this Agreement shall not be deemed a waiver of any subsequent breach and shall not <br />be construed to be a modification of the terms of this Agreement. <br />10.7 COMPLIANCE WITH LAWS <br />ARTIST and CITY shall comply with all federal, state, and local laws, codes, ordinances, <br />rules, and regulations in performing its duties, responsibilities, and obligations related to <br />this Agreement. <br />10.8 PRIORITY OF CONFLICTTIINNG PROVISIONS <br />If there is a conflict or inconsistency between any term, statement, requirement, or <br />provision of any exhibit attached hereto, any document or events referred to herein, or <br />any document incorporated into this Agreement by reference and a term, statement, <br />requirement or provision of this Agreement, the term, statement, requirement, or <br />provision contained in this Agreement shall prevail and be given effect over any term, <br />statement, requirement or provision contained in any other document or exhibit, <br />8 <br />REVISED: C1213 -030 Valeria Yamamoto <br />