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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 />12. CONFIDENTIAL INFORMATION
<br />Instructor shall not, either during the term of this Agreement or any time for a period of ten
<br />(10) years subsequent to that date upon which this Agreement shall terminate for any reason
<br />whatsoever, disclose to any person or entity, other than in the discharge of the duties of Instructor
<br />under this Agreement, any information which the City designates in writing as "confidential,"
<br />including but not limited to, identifying information regarding any class participants. As a violation
<br />by Instructor of the provisions of this Section could cause irreparable injury to the City and there
<br />is no adequate remedy at law for such violation, the City shall have the right, in addition to any
<br />other remedies available to it at law or in equity, to enjoin Instructor from violating such
<br />provisions.
<br />13. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL
<br />This Agreement shall be interpreted and construed in accordance with and governed by the
<br />laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or
<br />controversy arising out of this Agreement, and any action involving the enforcement or
<br />interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit
<br />in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall
<br />be exclusively in such state courts, forsaking any other jurisdiction which either party may claim
<br />by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the
<br />City to file a lawsuit to enforce any term or provision under this Agreement and the City is the
<br />prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial
<br />and appellate levels. BY ENTERING INTO THIS AGREEMENT, INSTRUCTOR AND CITY
<br />HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL
<br />BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this
<br />Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity,
<br />defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes.
<br />14. INDEMNIFICATION AND WAIVER OF LIABILITY
<br />To the fullest extent permitted by law, Instructor agrees to indemnify, hold harmless and,
<br />at the City's option, defend or pay for an attorney selected by the City to defend City, its agents,
<br />representatives, officers, directors, officials and employees from and against any and all causes of
<br />action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees,
<br />court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or
<br />omission of Instructor, including those of his or her employees, agents, servants, or officers, or
<br />accruing, resulting from, or directly related to the subject matter of this Agreement including,
<br />without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action
<br />of any nature whatsoever resulting from injuries or damages sustained by any person or property,
<br />regardless of whether such claims, losses, liabilities, expenditures, demands or causes of action of
<br />any nature whatsoever, occurs or accrues on or off city -owned property. It is understood and
<br />agreed upon by the Parties that the indemnification and hold harmless provisions contained
<br />herein also apply to any lessons, classes, supervision, or events occurring off City -owned
<br />properties. In the event any lawsuit or other proceeding is brought against City by reason of any
<br />INSTRUCTOR AGREEMENT — REV. 7/24 Page 6 of 15
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