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City of Sunny Isles Beach 18070. Collins Avenue,. Sunny Isles Beach, Florida 33,160. <br />(305) 94.7-.0606 phone (305) 949-3113 Fax <br />reason of any such claim,: cause of aotioii or demand,. C.ontractgr shall, upon written notice from <br />City, resist.and defend sucli.lawsui.t or proceeding.by counsel satisfactory to City. <br />The provisions and obligatt.011$ of this. section shall survivethe expiration or, earlier termination of <br />this Agreement. To the extent considered necessary by .City, any sum duo Contractor under this <br />Agreementinay be retained by City until all of City's claims for indemnification pursuant to this <br />Agreementhave been settled or r otherwise resolved; and any alnountwithheld shall not be subject <br />to payment of interest by City. <br />13. JURISDICTION VENUE AND .WAIVE R OF JURY .TRIAL. This Agreement shall <br />be interpreted -and construed in accordance with and governed by the laws of the State of Florida. <br />All parties agree and accept thatjurisdiction of any dispute or controversy arising out, of tl'is. <br />Agreement, and any action involving the enfarceinent * interpretation of any rights .Hereunder <br />shall be brought exclusively in thoe Eleventh Judicial Circuit. in and for Miami Dade County, <br />Florida, and venue for litigation arising out :of this Agreement shall be exclusively in sudh state <br />courts, forsaking any other jurisdiction which either party may claim by virtue .of its .residency or <br />otHer jurisdictional device. In the event it becomes necessary for the City to. file a lawsuit to <br />enforce, agy term or provision under this Agreement and the City is ,the prevailing panty, then the <br />City shall be .entitled to its costs and attorney's fees at the -pretrial, trial atid. appellate levels, BY <br />ENTERING INTO THIS .AGREEMENT, CONTRACTOR. --AN ..CI TI' 7IiREBY� Ei PRESSLY <br />WAIVE ANYRIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL <br />LITIGATION RELATED TO THIS AGRE1✓MENT. Nothing in. this A.greeineiit is intended to <br />serve as a waiver .ofayereign immunity, or of any.other immunity; defense, or privilege enjoyed <br />by the City pursuant to Section 768.28, Florida Statutes: <br />14. NOTICES. All notices and. other communications required or permitted to be given <br />under this Agreement by either party to the other shall be in writing and shall be sent (except as <br />otherwise provided herein) (i) by certified or registered mail, first class postage prepaid., return <br />receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, <br />or (iii) by electronic mail (e-mail) (with a copy simultaneously sent by certified or registered mail, <br />first class. postage prepaid, return receipt requested or by overnight delivery by traditionally <br />courier s.eivice), addressed to such. pgtty as follows: <br />if to the City. <br />tY <br />Stan Morris <br />With a copy to; <br />City Manager <br />City Attorney <br />City of Sunny Isles Beach <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />18070 Collins Avenue <br />Fourth Floor <br />Fourth Floor. <br />Sunny Isles. Beach; Florida 3.3160 <br />Sunny Isles Beach, Florida 33160 <br />Tel: (305) 792-1776 <br />Tel; (305) 792-1766 <br />senor&cosibtl:net <br />aboileau n nlaw,com <br />If to the <br />Roberto. Ruiz, General Manager <br />Contractor: <br />4700 Oakes Road, Suite G <br />Davin Florida 33314 <br />Tel; (95.4) 583-24400 <br />me cumminsex ett.com <br />kvP ENTERPRISES; INC., D/b/a EXPERT DIESEL o <br />