Laserfiche WebLink
(ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to <br />the City for damages sustained by it by virtue of a breach of the agreement by <br />Consultant and the City may reasonably withhold payments to Consultant for the <br />purposes of setoff until such time as the exact amount of damages due the City <br />from the Consultant is determined. <br />B. Termination for Convenience of City, The City may, for its convenience and <br />without cause terminate the services then remaining to be performed at any time by giving <br />written notice which shall become effective ten (10) days following receipt by Consultant The <br />terms of paragraphs A(i) and (ii) above shall be applicable hereunder. <br />C. Termination for Insolvency, The City also reserves the right to terminate the <br />remaining Services to be performed in the event the Consultant is placed either in voluntary or <br />involuntary bankruptcy or makes any assignment for the benefit of creditors. <br />10. NO ASSIGNMENTS. TRs1NSFERS. SUBCONTRACTING The Consultant shall <br />not subcontract, assign or transfer any work under this agreement without the prior written <br />consent of the City. <br />11. WAIVER OF RIGHT TO JURY TRIAL Each of the parties hereto hereby <br />knowingly, voluntarily and intentionally, waives the right which any party may have to a jury <br />trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out <br />of, under, on or in connection with this agreement or any course of conduct, course of dealing, <br />statements (whether verbal or written) or actions of either of party. <br />12. 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 sealed by arbitration in <br />accordance with the procedures, rules and regulations of the American Arbitration Association <br />The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment <br />upon the award rendered by the arbitrator may be entered in any court having jurisdiction <br />Arbitration shall be held in Miami -Dade County, Florida. All costs of arbitration and attorneys' <br />fees incurred by the parties shall be paid by the non - prevailing party or, if neither patty prevails <br />on the whole, each party shall be responsible for a portion of the costs of arbitration and their <br />respective attorneys' fees as may be determined by the court on confirmation. <br />13. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term <br />of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which <br />the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any <br />person or entity, other than in the discharge of the duties of the Consultant under this Agreement, <br />any information which the City designates in writing as "confidential." As a violation by the <br />Consultant of the provisions of this Section could cause irreparable injury to the City and there is <br />no adequate remedy at law for such violation, the City shall have the right, in addition to any <br />other remedies available to it at law or in equity, to enjoin the Consultant in a court of equity for <br />violating such provisions. <br />14. NOTICES. All notices and other communications required or permitted to be given <br />under this Agreement by either party to the other shall be in writing and shall be sent (except as <br />otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return <br />receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier <br />Page 5 of 9 S <br />