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Reso 2016-2542
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Reso 2016-2542
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Last modified
8/8/2023 10:23:32 AM
Creation date
5/3/2016 3:01:51 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2016-2542
Date (mm/dd/yyyy)
04/21/2016
Description
Agmt w/PassportParking, Inc. to Provide Mobile Payment Program for Parking Srvs
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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 /> If to the Contractor : Brandon Rivard <br /> Vice President <br /> PassportParkine, Inc. <br /> 1300 South Mint Street, Ste. 200 <br /> Charlotte, NC 28203 <br /> Tel: (704) 837-8066 <br /> 20. ATTORNEYS' FEES. If any civil action,arbitration or other legal proceeding_ is brought <br /> for the enforcement of this Agreement, or because of an alleged dispute, breach, default or <br /> misrepresentation in connection with any provision of this Agreement, the successful or prevailing <br /> party shall be entitled to recover reasonable attorneys' fees and costs in that civil action, <br /> arbitration or legal proceeding, in addition to any other relief to which such party or parties <br /> may be entitled. <br /> 21. JURY WAIVER. IN ANY CIVIL ACTION, COUNTERCLAIM, OR PROCEEDING, <br /> WHETHER AT LAW OR IN EQUITY, WHICH ARISES OUT OF, CONCERNS, OR <br /> RELATES TO THIS AGREEMENT, ANY AND ALL TRANSACTIONS CONTEMPLATED <br /> HEREUNDER. THE PERFORMANCE HEREOF, OR THE RELATIONSHIP CREATED <br /> HEREBY, WHETHER SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, OR <br /> OTHERWISE, TRIAL SHALL BE TO A COURT OF COMPETENT JURISDICTION AND <br /> NOT TO A JURY. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY <br /> HAVE TO A TRIAL BY JURY. NEITHER PARTY HAS MADE OR RELIED UPON ANY <br /> ORAL REPRESENTATIONS TO OR BY ANY OTHER PARTY REGARDING THE <br /> ENFORCEABILITY OF THIS PROVISION. EACH PARTY HAS READ AND <br /> UNDERSTANDS THE EFFECT OF THIS JURY WAIVER PROVISION. <br /> 22. GOVERNING LAW. This Agreement is and shall be deemed to be a contract entered <br /> into and made pursuant to the laws of the State of Florida and shall in all respects be governed, <br /> construed, applied and enforced in accordance with the laws of the State of Florida. <br /> 23. JURISDICTION AND VENUE. The parties acknowledge that a majority of the <br /> negotiations, anticipated performance and execution of this Agreement occurred or shall occur in <br /> Miami Dade County, Florida. Any civil action or legal proceeding arising out of or relating to this <br /> Agreement shall be brought only in the courts of record of the State of Florida in Miami Dade <br /> County or the United States District Court, Southern District of Florida, Miami Division. Each <br /> party consents to the exclusive jurisdiction of such court in any such civil action or legal <br /> proceeding and waives any objection to the selection of venue of any such civil action or legal <br /> proceeding in such court and/or the right to bring an action or proceeding in any other court. <br /> Service of any court paper may be effected on such party by mail, as provided in this Agreement, <br /> or in such other manner as may be provided under applicable laws, rules of procedures or local <br /> rules. <br /> C6I99-1516-036-PASSPORT PARKING. INC. I (� <br /> 8 J LJ <br />
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