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Reso 2014-2206
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Reso 2014-2206
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Last modified
1/8/2015 2:42:50 PM
Creation date
3/28/2014 12:02:54 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2014-2206
Date (mm/dd/yyyy)
02/20/2014
Description
Agmt w/Harrington/Parker Systems, Warranties/Support for Master Meters
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8. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute <br />or controversy arises hereunder then such dispute or controversy shall be settled 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 Mianli -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 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 Contractor shall not, either during the term <br />of this Agreement or any time for it period of ten (10) years subsequent to that date upon which <br />the Contractor 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 Contractor under this Agreement. <br />any llllormatlon which the City designates in writing as "confidential." As a violation by the <br />Contractor 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 Contractor from violating such <br />provisions. <br />10. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby <br />knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in <br />respect of any action, proceeding, litigation or counterclaim based hereon or arising out of. <br />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 />11. NOTICES. All notices and other con1111Utilcatlons 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 />service, or (iii) by facsimile with confirnlafion receipt (with a copy simultaneously sent by <br />certified or registered mail, first class postage prepaid, return receipt requested or by overnight <br />delivery by traditionally recognized courier service), addressed to such party as follows: <br />If to the City: <br />Christopher .I, Russo <br />With a cope to: <br />City Manager <br />I Tans Ottillot <br />City of Sunny isles Beach <br />City Attorney <br />18070 Collins Ave. Fourth Floor <br />City of Sunny Isles Beach <br />Sunny Isles Beach, Florida 3 3160 <br />18070 Collins Ave. Fourth floor <br />Tel: (305) 792 -1701 <br />Sunny Isles Beach, Florida 33160 <br />Tel: (305) 792 -1702 <br />If to the <br />Lynda i larrington <br />Contractor: <br />ilarrington Resources inc. /Parke► <br />Systems <br />974 Cherry Valley Way <br />Orlando, FI. 32828 <br />_ <br />C1114-020 PARKER SYS ] I A1S Page 5 oP8 <br />
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