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City of Sunny isles Beach 18070 Collins Avenue, Sunny isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3I 13 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 8A(i) and A(H) <br />above shall be applicable hereunder. <br />C. Termination for insolvency. The 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 />9. CONFIDENTIAL INFO7t2IViATION. The Contractor shall not, either during the to a of <br />this Agreement or any time for a period of ten (10) years subsequent to that date upon which the <br />Contractor shall leave the employment of the City for any reason whatsoever, disclose to any <br />person; or entity, other than in the discharge of the duties of the Contractor under this Agreement, <br />any information which the City designates in writing as "confidential." As a violation by the <br />Contractor of the provisions of this Section could cause irreparable injury to the City and there is <br />no adequate remedy at law for such violation, the City shall have the light, in addition to any other <br />remedies availableto it at law or in equity, to enjointhe Contractor from violating such provisions, <br />10. 3iMSDICTIOIrI, VEi NNE AND'WAIV= 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 made 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 parry then the <br />City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY <br />MIUNG INTO THIS AGREEMENT, CONTRACTOR. AND CITY HEREBY EXPRESSLY <br />WAWVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL <br />LITIGATION RELATED TO THIS AGREEMLNT. 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 />11, 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, (li) by guaranteed overnight delivery by a nationally recognized courier service, <br />or (iii) by facsimile with confirmation receipt (with a copy simultaneously'sent by certified or <br />registered mail, first class postage prepaid, return receipt requested or by overnight delivery by <br />traditionally recognized courier service), addressed to such party as follows: <br />212� <br />