Ordinance 2019-537 - Laserfiche WebLink

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Page 12 of 15 harmless against any and all liability, loss, cost, damage and expense incurred by FPL in respect to any claim asserted by Miami-Dade County against FPL arising out of the franchise set out in the above referenced ordinances for the recovery of any sums of money paid by FPL to City under the terms of this New Franchise Agreement. FPL the acknowledges g t e City hereby relies on then Dade County Resolution No. R-709-78 adopted on June 20, 1978 in the granting of this Franchise. Section 15. Definitions. As used herein "person" means an individual, a partnership, a corporation, a business trust, a joint stock company, a trust, an incorporated association, a joint venture, a governmental authority or any other entity of whatever nature. Section 16. Repeal. All ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 17. Effective Date. As a condition precedent to the taking effect of this Ordinance, FPL shall file its acceptance hereof with the City's Clerk within thirty (30) days of adoption of this Ordinance. The effective date of this Ordinance shall be when the Existing Agreement terminates by the expiration of time or on the effective date of a new franchise agreement between Miami-Dade County and FPL, whichever occurs first. Section 18. Pre-Suit Dispute Resolution. The Parties to this Franchise agree that it is in each of their respective best interests to avoid costly litigation as a means of resolving disputes which may arise hereunder. Accordingly, the Parties agree that they will meet at the senior management level in an attempt to resolve any disputes within thirty (30) days of notification of the dispute. Section 19. Governing Laws. This New Franchise Agreement shall be governed and construed by the applicable laws of the Federal Government, State of Florida, Miami- Dade County, and the Charter, Codes and Ordinances of the City. Section 20. Venue. In the event that any legal proceeding is brought to enforce the terms of this New Franchise Agreement, it shall be brought by eitherrtY a hereto in Miami- Dade p Dade County, Florida, or, if a federal claim, in the U.S. District Court in and for the Southern District of Florida, Miami Division. Section 21. Entire Agreement. This New Franchise Agreement is intended to constitute the sole and entire agreement between the City and FPL with respect to the