|
GO, ofSunn.), Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3 113 Fax
<br />B. Termination for Convenience of City. The City may, for its convenience and without
<br />cause terminate the Services then remaining to be performed at any time by giving
<br />Contractor ten (10) days written notice. The terms of Paragraph A(l) and A(2)
<br />above shall be applicable hereunder.
<br />C. Termination for Insolvency. Tile City also reserves the right to terminate the
<br />remaining Services to be performed in the event the Contractor is placed either in
<br />voluntary or involuntary bankruptcy or makes any assignment for the benefit of
<br />creditors.
<br />15. CONFIDENTIAL INFORMATION. The Contractor sliall not, either during the terra of
<br />this Agreement or any time for a period of ten (10) years subsequent to the expiration or
<br />termination of this Agreement, disclose to any person or entity, other than in the discharge of the
<br />duties of the Contractor under this Agreement, any information which the City designates in
<br />writing as "confidential." As a violation by the Contractor of the provisions of this Section could
<br />cause irreparable injury to the City and there is no adequate remedy at law for such violation, the
<br />City shall have the right, in addition to any other remedies available to it at law or in equity, to
<br />enjoin the Contractor frorn violating such provisions.
<br />16. 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 tine 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 mature 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 />17. 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 />N-113R CONSTRUCTION. INC.
<br />
|