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• <br /> enforce any term or provision under this Agreement and the City is the prevailing party then the <br /> City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate.Icvcls.-BY <br /> ENTERING INTO THIS AGREEMENT, CONSUL1'ANT AND CITY HEREBY EXPRESSLY <br /> AYTIA'VI.?"1'OA TRIAL BY JURY OF ANY C1 V ft <br /> tiVAN1;ANY RIGITTS l:')"�'i�t;R PARTY M � <br /> LITIGATION R.LLAT D TO THIS AGRE1yMIrNT. Nothing in this Agreement is intended to <br /> serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed <br /> by the City pursuant to Section 768.28,Florida Statutes. <br /> 10. CONFIDENTIAL INFORMATION-. The Contractor 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 /> of r <br /> i the Cit for any reason whatsoever; disclose to any <br /> Contractor shall leave the employment y <br /> person or entity,other than in the discharge schar of the duties of the Contractor under this Agreement, <br /> any information which the City designates in writing as "confidential" As a Violation by the <br /> Contractor of the provisions of this Section could cause irreparable injtuy to the City and there is <br /> • <br /> no adequate remedy at law for such violation,the City shall have the right,in addition to any other <br /> remedies available to it at law or in equity,to cnj'oin the Contractor from violating such provisions. <br /> 11. NO'T'ICES. 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 scat (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 anationally 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 recognizedcourier service),addressed to such party as <br /> follows: <br /> If to the City: Christopher J. Russo With a copy to: <br /> City Manager Hans Ottinot <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)792-1776 Sunny Isles Beach,Florida 33160 <br /> Tel: 305 792-1766 <br /> if to the Contractor: Attn: Franco Prado . <br /> Martin&Sons Residential Services <br /> 4581 Weston Road,Ste. 154 <br /> Northlake,IL 60l 64, <br /> Tel:(954) 389-0220 <br /> Email: <br /> franco rnartinrmdsons-usa,aam _.. <br /> 12. GOVERNING LAW.This Agreement shall be governed by and construed in accordance <br /> with the laws of the Slate of Horida- Venue shall be in Miami-Dade County, Florida. <br /> • <br /> 13. AUI)1T. The Contractor shall make availabtc to the City or its represennr=ive all required <br /> financial records associated with the Agreement for a period of three(3)years. <br /> 5 <br /> 97-6222 Marlin&Sons Rcsidernial Savlc:s • <br />