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City of SUIlIlY Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile 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 traditionally recognized courier service), addressed to such party as follows: If to the City: A. John Szerlag With a copy to: City Manager Hans Ottinot, City of Sunny Isles Beach City Attorney 18070 Collins Ave. City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305)-792-1701 Sunny Isles Beach, Florida 33160 Tel: (305)-792-1702 If to the Contractor: Dennis Giordano, President, Calvin, Giordano & Associates, Inc., 1800 Eller Drive, Suite 600, Fort Lauderdale, Florida 33316, Tel: (954) 921-7781. Fax: (954) 921-8807 14. GOVERNING LAW: The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida. 15. ARBITRATION: It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 16. REMEDIES FOR BREACH: In the event this Agreement is terminated by the City for cause, the Contractor shall be liable to the City for any additional cost incurred by the City due to such termination. In the event of Termination for Cause, the City is only liable for payment of services satisfactorily performed by the Contractor prior to receipt of notice of Termination for Cause, and the City shall have no further liability for compensation to the Contractor. In the event of Termination for C0708-021 Calvin, Giordano & Associates, Inc. Agreement 6