Reso 2022-3313 - Laserfiche WebLink

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'City of.Srrnny Ales.Eeach 16070 ,Collins Avenue, Sunny Isles Reach, Florida 33160 (305) 947-0606 phone (3.05) 949-31.13 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 tine by giving Contractor ten (10) days written notice.. The tenor of Paragraph 10A(i) and •A(ii) above shall be applicable hereunder. C. Termination for Insolvencv. The Citye also reserves the right to terminate the remaining Services to be performed.in the dvent the Contractor is placed either in voluntary 6r involuntary bankruptcy or makes my assignment for the. benefit of creditors. 11, PROl'1tlETARY ARIGHT& The Cu*dctor hereby ackno*1edges and agrees that the City retains all rights, fide and interests in and to all.. maieriats; data, documentation and copies thereof furnished by the City to the Contractor hucpadet or famished by the Contractor to the City and/or created by the Contractor ,for deliverry to the City; even if unrinished or in process, as a result of the. $ewices the Contractor performs in connection with the Agreement, including all copyrot and other proprietary rights therein, which the Cuntraetor as well as its eMploybed, agen1b, sub -contractors and suppliers may use only in connection with the .pdrRmnance of Service's under the Agreement The Contractor shall not, Without the prior written consent of the City, use such documentation oA any other project in whieh'the Conitactor or its employees, agents, sub-c6atra,ctots or suppiicrs arc or may become engaged. Submission of distn'buopu by the Cotitr star to meet otl'iciail regWa49ry requirements. or f9y other putppses in connection with -the performance -of Services under the Agreement shall not. be cgnstraed as publication -in dotogatiori,of•tho City's copyrights or other proprietary rights. 12. 4URI:501:OTrt1y. VENTS AND WAIVER OF JURE TRIAL 'This Agreernept.sllall be• interpreted -and construed in aecordence with and govefoed by the laws .of the State of Florida. All, parties agree and accept that jurisdiction of any dispute or ;w raverV arising out of this Agireement, find. spy -action involving the epi otcemenE or intcxpretadon of any rights hereunder shall be brought exclusively in -the Eleventh Judicial Circuit ip apd: for D&ami WAc •County, 17orid<j, and venue for lipigatidn arising out of this Agreement stall be exclusively in such state CRurts; forsaking any other juri0 ti0p. which either,praty may claim by virtue of its •residency or Pther ,jurisdictionpi cievioc. In the event 'it becomes necessary for tho' City to Me it lawsuit to en>voice•any term or provision under. this Agreement and the City is the.prevailifig party ihdn the City shAll be entitled to its costs aid attomef s fee's -at the Pietrial, trial and *appellate levels. BY .HN'I'RINCI INTO TEIIS AOREEMENT, CONTRACTOR AND CITY MAEB.Y EXP'=$LY WAIVE ANY =111S MMER PARTY MAY HAVE TO A TRIAL -BY JURY OF ANY C VIL LITIGATION RELATED TO TIM A()R1r'PMENT. Nothing is this ,Agrcgracat 'is intended to serve 'ac a• waiver of'. -sovereign immunity, orof any other immunity, defense, or 1 privilege enjoyed by the City pursuant to SeOon 768.2$, Florida Statutes, 13. NOTICES. All notices and other' communications "Wrcd or permitted to be .given uadc,, this A$rcctncnt by either party to the other slnirll be in writing and. shall be sci►t (except. as i otherwise provided herein) (i) by certified or iristered snail, first •class post age Prc:paidr return — — receipt requested; (ii) by -guaranteed overioight delivery by a riatiodally recogrri�od cot}rio; service; or...(iii). by facsimile with: confirmation iectript (with u copy $ituullaneogsly sent by certified or .registered mgil, fiisi class postage prepaid, return -receipt requested or hy overnight delfvety by traditionally reeoenited.cogrier service), -address ed to sue.: party as follows: top 7