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SECTION 13. MISCELLANEOUS <br />A. Complete Agreement. It is understood and agreed that this document incorporates <br />and includes all prior negotiations, correspondence, conversations, agreements, or <br />understandings applicable to the matters contained herein and that the parties agree <br />that there are no commitments, agreements, or understandings concerning the subject <br />matter of this Agreement that are not contained in this document. Accordingly, it is <br />agreed that no deviation from the terms hereof shall be predicated upon any prior <br />representations or agreements, whether oral or written. <br />B. Amendment. No modification, amendment or alteration in the terms or conditions <br />contained herein shall be effective unless contained in a written document executed <br />with the same formality and with equal dignity herewith. <br />C. Severability. If any provision, or any portion thereof, contained in this Agreement is <br />held to be unconstitutional, illegal, invalid, or unenforceable, the remainder of this <br />Agreement, or portions thereof, shall not be affected and shall remain in full force and <br />effect. <br />D. No Waiver. The waiver by either party of a breach of any provision of this Agreement <br />by the other shall not operate or be construed as a waiver of any subsequent breach by <br />that party. <br />E. Obligations Personal. The rights and obligations herein granted are personal in <br />nature and cannot be transferred by the City Clerk. <br />F. Florida Law and Venue. This Agreement shall be governed by Florida law and any <br />litigation which may arise from this Agreement shall be filed and litigated in Miami - <br />Dade County, Florida. <br />G. Waiver of Jury Trial. In the event it becomes necessary for the City to file a lawsuit to <br />enforce any term or provision under this Agreement, then the City shall be entitled to <br />its costs and attorney's fees at the pretrial, trial, and appellate levels. BY ENTERING <br />INTO THIS AGREEMENT, EMPLOYEE AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS <br />EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO <br />THIS AGREEMENT. <br />[SIGNATURE PAGE TO FOLLOW] <br />5 <br />339 <br />