Reso 2021-3186 - Laserfiche WebLink

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-City of Sunny Ales.Beach 18070 .Collins Avenue, Sunny isles Beach, Florida 33160 QO0 ) 947-0606 phone (305) 949-3113 Fax B. Termination for Convenience of City. The. City may, for.. its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written. notice.. The terms of Para_�rapli 10A(i) and A(i.i) above shall be applicable hereunder. C. Termination for Insolvency. The Cityt also reserves the right to terminate the remaining Savices to be performed.in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. It. P1tQl'f O'J'ARY RIGHTS. The Contractor hereby acknowledges and agrees that the City retains all rights, title and interests in and to all. materials, data, docuimentation and copies thereof. furnished by the City to the Contractor hereunder or furnished by the Contractor to the City and/or created by the Contractor for delivery to the City; even if unfinished or in process, as a result of the. Services the Contractor performs in connection with the Agreement, including all copyright and other proprietary rights therein, which the Contractor as well as its employees, agents, sub -contractors and suppliers may use only in connection with the .performance of Services under the Agreement. The Contractor shall not, without the prior written consent of the City, use such documentation on any other project in which 'the Contractor or its employees, agents, sub-contractots or supplieis are or tray become engaged. Submission or distribution by the .Contractor to meet official regulatory requirements, or for other purposes in connection with -the performance of Services under the Agreement shall not be construed as publicationin derogation.of-the City's copyrights or other proprietary rights. 12. .J.URISDICTION. VENUE AND WAIVER OF JURY TRiAI.: This Agreernent.shall be interpreted and construed in accordance with and governed by the laws .of the State of Florida: All, parties agree and accept that jurisdiction of any dispute or controverry arising out of this Agrreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and. -for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts; forsaking any other jurisdiction. which either.party may claim by virtue of its residency or other jurisdictional. device. 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. BY F:NTERINO WTO THIS AGREEMENT, CONTRACTOR AND CITY f ERERY EXPRESSLY WAIVE ANY RIGHTS ErMER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL, LITIGATION1 RELATED TO THIS AGI2Fd1 MENT. Nothing in this Agreement 'is intended to serve ag a, waiver of :sovcrc:'iga immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant. to Section 768.28, Florida Statutes, 13. NMICES. All notices and other, communications required or permitted to be given under this Agreement by either party to the bEher shall be in writing and. shall .be sent (except, as otherwise provided herein)'(i)-by certified or registered snail, first class postage prepaid; return - - - receipt -..requestedi- (ii) by --guaranteed overnight delivery by a nationally recogni7ed courier service,- or. ..(iii).-by facsimile- with: confirmation receipt (earth- 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. partyas follows: 202nA2RR 1(w& mtt1prKce, Inc. 7