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• i <br />Contractor twenty (20) ten ( 9) days written notice. The terms of Paragraph A(i) <br />and A(ii) above shall be applicable hereunder. j <br />C. Termination for Insolvency. The City also reserves the right to terminate the <br />remaining Services to be performed in the event the Contractor is placed eiiher in <br />voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br />creditors. r <br />11. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL., This Agreement shall <br />be interpreted and construed in accordance with and governed by the laws of the State of Florida. <br />All parties agree and accept that jurisdiction of any dispute or controversy arising out of this <br />Agreement, and any action involving the enforcement or interpretation of any rights hereunder <br />shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, <br />Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state <br />courts, forsaking any other jurisdiction which either party may claim by virtue of its residepcy or <br />other jurisdictional device. In the event of litigation involving this Contract the prevailing <br />his gwome„t .,.,d the, City is the r;ailing " th the City shall be entitled to its costs and <br />attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS <br />AGREEMENT, CONSULTANT AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS <br />EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION <br />RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a <br />waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the <br />City pursuant to Section 768.28, Florida Statutes. <br />12. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term <br />of this Agreement or any time for a period of ten (10) years subsequent to that date upon which <br />11 <br />the Contractor shall leave the employment of the City for any reason whatsoever, disclose to <br />any person or entity, other than in the discharge of the duties of the Contractor under this <br />Agreement, any information which the City designates in writing as "confidential." As a <br />violation by the Contractor of the provisions of this Section could cause irreparable injury to the <br />City and there is no adequate remedy at law for such violation, .the City shall have the right, :in <br />addition to any other remedies available to it at law or in equity, to enjoin the Contractor from <br />violating such provisions. <br />13. NOTICES. All notices and other communications required or permitted to be <br />given under this Agreement by either party to the other shall be in writing and shall be sent <br />(except as otherwise provided herein) (i) by certified or registered mail, fust class postage <br />prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized <br />courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent <br />by certified or registered mail, first class postage prepaid, return receipt requested or by <br />oyf$gi& (*very by tradiftftWqg1ftA courier service), addM t%#ygb:party as follows: <br />City Manager <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />Fourth Floor <br />Sunny Isles Beach, Florida 33160 <br />Tel: (305) 792-1776 <br />Hans Ottinot <br />City Attorney <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />Fourth Floor <br />Sunny Isles Beach, Florida 33160 <br />Tel: (305) 792-1766 <br />I IS-OJL} SUMMA MM;HAN1UAL I:UIV 1 KAUIUKS LLC DB/A SMC AIR CONDITIONING z <br />