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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
<br />ARTICLE XV
<br />WAIVER OF JURY TRIAL
<br />15.1 City and Contractor hereby knowingly, irrevocably, voluntarily and intentionally
<br />waive any right either may have to a trial by jury in respect to any action, proceeding,
<br />lawsuit or counterclaim based upon the Contract, arising out of, under, or in connection
<br />with the construction of the Work, or any course of conduct, course of dealing, statements
<br />(whether verbal or written) or the actions or inactions of any party.
<br />ARTICLE XVI
<br />ARBITRATION
<br />16.1 Any dispute, controversy or claim arising out of or relating in any way to the
<br />Contract, including without limitation any dispute concerning the construction, validity,
<br />interpretation, enforceability or breach of the Contract, shall be exclusively resolved by binding
<br />arbitration upon a Party's submission of the dispute to arbitration. In the event of a dispute,
<br />controversy or claim arising out of or relating in any way to the Contract, the complaining Party
<br />shall notify the other Party in writing thereof. Within thirty (30) days of such notice, management
<br />level representatives of both Parties shall meet at an agreed location to attempt to resolve the
<br />dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice,
<br />the complaining Party shall seek remedies exclusively through arbitration. The demand for
<br />arbitration shall be made within a reasonable time after the claim, dispute or other matter in
<br />question has arisen, and in no event shall it be made after two (2) years from when the aggrieved
<br />party knew or should have known of the controversy, claim, dispute or breach.
<br />16.2 This agreement to arbitrate shall be specifically enforceable. A Party may apply to
<br />any court with jurisdiction for interim or conservatory relief, including without limitation a
<br />proceeding to compel arbitration.
<br />16.3 The arbitration shall be conducted by one (1) arbitrator. If the Parties are not able
<br />to agree upon the selection of an arbitrator, within twenty (20) days of commencement of an
<br />arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the
<br />American Arbitration Association ("AAA") in accordance with the terms of this Article XV.
<br />36
<br />2801 NW 74th Avenue
<br />Suite 214
<br />Miami, FL 33122
<br />dannyksleimane.com
<br />786-332-0137
<br />If to the
<br />Richard Labinsky, PE
<br />City's
<br />City Engineer
<br />Representative:
<br />18070 Collins Avenue
<br />Sunny Isles Beach, Florida
<br />33160
<br />305-792-1817
<br />rlabinskyksibfl.net
<br />ARTICLE XV
<br />WAIVER OF JURY TRIAL
<br />15.1 City and Contractor hereby knowingly, irrevocably, voluntarily and intentionally
<br />waive any right either may have to a trial by jury in respect to any action, proceeding,
<br />lawsuit or counterclaim based upon the Contract, arising out of, under, or in connection
<br />with the construction of the Work, or any course of conduct, course of dealing, statements
<br />(whether verbal or written) or the actions or inactions of any party.
<br />ARTICLE XVI
<br />ARBITRATION
<br />16.1 Any dispute, controversy or claim arising out of or relating in any way to the
<br />Contract, including without limitation any dispute concerning the construction, validity,
<br />interpretation, enforceability or breach of the Contract, shall be exclusively resolved by binding
<br />arbitration upon a Party's submission of the dispute to arbitration. In the event of a dispute,
<br />controversy or claim arising out of or relating in any way to the Contract, the complaining Party
<br />shall notify the other Party in writing thereof. Within thirty (30) days of such notice, management
<br />level representatives of both Parties shall meet at an agreed location to attempt to resolve the
<br />dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice,
<br />the complaining Party shall seek remedies exclusively through arbitration. The demand for
<br />arbitration shall be made within a reasonable time after the claim, dispute or other matter in
<br />question has arisen, and in no event shall it be made after two (2) years from when the aggrieved
<br />party knew or should have known of the controversy, claim, dispute or breach.
<br />16.2 This agreement to arbitrate shall be specifically enforceable. A Party may apply to
<br />any court with jurisdiction for interim or conservatory relief, including without limitation a
<br />proceeding to compel arbitration.
<br />16.3 The arbitration shall be conducted by one (1) arbitrator. If the Parties are not able
<br />to agree upon the selection of an arbitrator, within twenty (20) days of commencement of an
<br />arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the
<br />American Arbitration Association ("AAA") in accordance with the terms of this Article XV.
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