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• <br /> fees incurred by the parties shall be paid by the non-prevailing party or, if neither party 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 /> 9. CONFIDENTIAL INFORMATION. The Consultant shall not,either during the term of <br /> this Agreement or any time for a period of ten (10) years subsequent to that date upon which the <br /> 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 City designates which the desi ates in writing as "confidential." As a violation by the <br /> r visions of this Section could cause irreparable injury to the Cityand there is <br /> Consultant of the o P J rY <br /> p <br /> no adequate remedyat law for such violation,the City shall have the right,in addition to any other <br /> q <br /> remedies available to it at law or in equity,to enjoin the Consultant from violating such provisions. <br /> 10. 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 service, <br /> or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or <br /> registered mail, first class postage prepaid, return receipt requested or by overnight delivery by <br /> traditionally recognized courier service), addressed to such party as follows: <br /> If to the City: Christopher J. Russo With a copy to: <br /> City Manager Edward A. Dion <br /> City of Sunny Isles Beach City Attorney <br /> 18070 Collins Avenue City of Sunny Isles Beach <br /> Fourth Floor 18070 Collins Avenue <br /> Sunny Isles Beach,Florida 33160 Fourth Floor <br /> Tel: (305)792-1701 Sunny Isles Beach, Florida 33160 <br /> Tel: (305) 792-1702 <br /> If to the Lynn M. Dannheisser LLC <br /> Consultant : 3152 Gifford Lane <br /> Miami, Florida 33133 <br /> Tel: ( 305)441-0222 <br /> 11. GOVERNING LAW.This Agreement shall be governed by and construed in accordance <br /> with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. <br /> 12. NON-DISCRIlVIINATION. The Consultant agrees to comply with all local and state <br /> civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended,Title VIII of <br /> the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development <br /> Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with <br /> Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with <br /> Executive Order 11248 as amended by Executive Orders 11375 and 12086. <br /> 4 <br />