Reso 2020-3105 - Laserfiche WebLink

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CUP of Suany Ivies Beach 18070 Collins Avenue, Sunny Tslcti Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Purposes ol'sel-off until such tiTne cis the exact amount of {lunages due the lady from the Contractor is determined. B. Termination for Convenience of City_ The City may, ftrr its corivellieticG and without, cause imrnediatlely terminate tl,e Services then remaining to be performed at any time by giving written notice. 'file terms of Paragraph A(i) and A(ii) above ;;halI be, applicable hereunder, C. Tcrminatticm for Insolvency.. The City also reserves the right to tertnina.te the nemaintrtg Services to he performed in the event the Cnritractor is plated either in VOluntary or involuntary bankrulitGy or mal es any assignment for the benefit of creditors. 1l, 'I"crtnination IEri Failure to adi�crc to the i'ul�lic Itecortiis 1.atar, railur�; a#'the C:c�ntractor to adhere to the rcquirenicnis of (';Iiapter 119 0l' the Florida Statutes and Section 19 below, may Mullin i nmediate termination nfthis agrecnrctti. 9. AI,R' SDICTION, VENUE AND WAIVER OF .T1JTKY 1_lU.U. This Agreement shall be interpreted and construed in saccordancc with and governed by llte laws orthe ;hate of Florida. Ali parties agree andaccept that jurisdicaion of any dispute or co3nt:roversy arising out ofthis Agreement, acid any action involving the enforcement or interpretution of ally righb4 hereunder shall be brought. exclusively in the I :icventh dudiCiftl Circuit in and for Miami Dade County, Flori€laa, and vanue for litigation arising oot, of this Agrccmcnt shall be excl usively in such state cc;,u•ts, forsaking any other jurisdiction which either party may claim by virus of its residency or other jurisdictional device, In the event it becomes necessary for the City to file ai lawsuit to enforce any lean or provision under this Agreement, then the City shall be entitled to its costs amt attorney's fees at the pretrial, trial and appellate levels. BY ENT'b.'RTN'(3 INTO THIS AGREWFl1NT, CONTRACTOR AND CITY HEREBY EXPI;tIMLY WAIVE ANY RICz T-3 :I 1T.11LR PARTY MAY UA.VE TO A TRIAL BY JURY OF ANY CIVIL LTT)CTA'1'1(:)N .RELATED TO 7`H S AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of snvereign inntunity, or of any other immunity, defense, or privilege enioyed by the City pursuant to Section 7( )8.28, Statutes. 10, CONFIDENTIAL INFORMATION. The C:ontractar shnI l noL either daring the terin of this Agreement or any time for a period of 10 (Tan) yaans subsequent to that date ulion which the Contractor 811,111 leave the employment of the City for any reason whatsocvcr, disclose to any person or entity, other than in the discharge of (lie dtl iies or the Contractor under this Agreement, nay information which the City designates in writing as "confidential." AS a violation by tho Contractor of the pTovisiuns of this Section could cause irreparable ini an•y to the City and there ix no adequato remedy at law for such violation, the City shall have the right, in addition to any other ramedies available log it at law ur in equity, to enjoin the Contractor ao ni violating such ptovi ions. 11. NOTICES. All notices avid ocher communications required or permitcod to be given undcr this Agivenient by either party to the other 5hatll be in writing and shall be Semi. (except as otherwise provided her -ell!) (i) by certified or registea-ed "aril, first class postrtga: prepaid; rotum receipt requested, (ii) by guarantecd Overnight delivery by a nationally recognized courier service, or (iii) FF1 SUCLAIV 4SUOCOn, in e.