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other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 12. WAIVER OF. RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 13. GOVERNING LAW, VENUE AND ATTORNEYS FEES. It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes necessary for the City to file a-lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Christopher J. Russo With a copy to: City Manager Hans Ottinot, Esq. City of Sunny Isles Beach City Attorney 18070 Collins Ave.City of Sunny Isles Beach Sunny Isles Beach, Florida 33160 18070 Collins Avenue Tel: (305)-792-1701 Sunny Isles Beach, Florida 33160 Tel: (305)-792-1702 If to the Contractor: Luke Facarazzo Director of Municipalities & Key Accounts Lukes Landscaping, Inc. 2711 SW 36th Street Dania Beach, FL 33312 Tel: (954) 433-1111 Fax: (954) 433-1111 E-mail: Luke@lslmgt.com 15. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: i.) Contractor shall keep and maintain public records required by the City to perform the service. 102-1012 LUKES LANDSCAPING. INC 6