Reso 2022-3327 - Laserfiche WebLink

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conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remaining full force and effect as if no such forbearance or waiver had occurred. SECTION TEN GOVERNING LAW, VENUE AND ATTORNEY'S 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. Ion the event it becomes necessary for the City to file a lawsuit to enforce any terms or provision under this Agreement 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. SECTION ELEVEN WAIVER OF RIGHT TO JURY TRIAL Each of the parties hereto hereby knowingly, voluntarily and intentionally, waives 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. SECTION TWELVE EFFECT OF PARTIAL INVALIDITY The invalidity of any portion of this Agreement shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect asif they had been executed by both parties subsequent to the expungement of the invalid provision. SECTION THIRTEEN ENTIRE AGREEMENT This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. SECTION FOURTEEN 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: Page 4 of 10 294