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City of'Sunit), I.vles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-31 13 Fax coverage on a Professional Liability Form (or equivalent) in the amount of $5,000,000 per claim with a $5,000,000 annual aggregate. F. All Risk Property Insurance UKG shall provide All Risk Property Insurance in an amount not less than the full replacement cost of UKG' property. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and with a minimum A.M. Best rating of A- or better with a financial rating of VI or better in the most recent A.M. Best's Rating Guide. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice (10 days for non-payment) given to the Insured in accordance with policy. 6. TERMINATION. A. Termination for Convenience of City_ In addition to the termination provisions of ContiactNumber 24-6833, twelve (12) months after the Billing Start Date, the City may, for its convenience and without cause tenninate the Services then remaining to be performed at any time by giving Contractor sixty (60) days prior written notice. 7. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. The prevailing Party will be entitled to reasonable attomeys' fees and costs actually awarded by a court of applicable jurisdiction to the extent such fees result from a breach of this Agreement. TO THE EXTENT PERMITTED BY LAW, WITH RESPECT TO ANY CLAIM OR DISPUTE UNDER THIS AGREEMENT, THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. Notwithstanding the foregoing, the Parties acknowledge and agree that this contract creates valid and enforceable contractual obligations, and as such, pursuant to Florida law., the City may be subject to suit for breach of the terms this Agreement. Accordingly, Contractor shall have the right to pursue all remedies available at law or in equity for the enforcement of the City's obligations under this Agreement, provided that such remedies do not exceed those expressly authorized by Florida law or statute. 8. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (1) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by electronic mail (e-mail) with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by UKG KRONOS SYSTEMS, LLC, A UKG, INC. COMPANY 4