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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 />13. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
<br />this Agreement or any time for a period of ten (10) years subsequent to that date upon which this
<br />Agreement shall terminate for any reason whatsoever, disclose to any person or entity, other than
<br />in the discharge of the duties of the Contractor under this Agreement, any information which the
<br />City designates in writing as "confidential." As a violation by the Contractor of the provisions of
<br />this Section could cause irreparable injury to the City and there is no adequate remedy at law for
<br />such violation, the City shall have the right, in addition to any other remedies available to it at law
<br />or in equity, to enjoin the Contractor from violating such provisions.
<br />14. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
<br />by law, the Contractor agrees to indemnify, hold harmless and, at the City's option, defend or pay
<br />for an attorney selected by the City to defend, City, its agents, representatives, officers, directors,
<br />officials and employees from and against any and all causes of action, demands, claims, losses,
<br />liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused
<br />or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including
<br />those of their employees, agents, servants, or officers, or accruing, resulting from, or directly
<br />related to the subject matter of this Agreement including, without limitation, any and all claims,
<br />losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting
<br />from injuries or damages sustained by any person or property. In the event any lawsuit or other
<br />proceeding is brought against City by reason of any such claim, cause of action or demand,
<br />Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by
<br />counsel satisfactory to City.
<br />The provisions and obligations of this section shall survive the expiration or earlier termination of
<br />this Agreement. To the extent considered necessary by City, any sum due Contractor under this
<br />Agreement may be retained by City until all of City's claims for indemnification pursuant to this
<br />Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
<br />to payment of interest by City.
<br />15. JURISDICTION, VENUE AND WAIVER 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 that jurisdiction of any dispute or controversy arising out of this
<br />Agreement, and any action involving the enforcement or interpretation of any rights hereunder
<br />shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
<br />Florida, and venue for litigation arising out of this Agreement shall be exclusively in such 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 any term or provision under this Agreement and the City is the prevailing party then the
<br />City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
<br />ENTERING INTO THIS AGREEMENT, Contractor AND CITY HEREBY EXPRESSLY
<br />WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
<br />LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
<br />serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed
<br />by the City pursuant to Section 768.28, Florida Statutes.
<br />16. 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 />CON-MECH, INC.
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