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If a CITY event of default should occur, the UTILITY shall have all of the <br />following rights and remedies, which it may exercise singly or in combination: <br />1. The right to declare that this Agreement together with all rights granted to <br />CITY thereunder are terminated, effective upon such date as is designated by the <br />UTILITY; <br />2. Any and all rights provided under federal laws and the laws of the State of <br />Florida. <br />UTILITY Event of Default <br />Without limitation, the failure by the UTILITY to substantially fulfill any of its <br />material obligations in accordance with this Agreement, unless such failures are justified <br />by Force Majeure, shall constitute a "UTILITY event of default". <br />If a UTILITY event of default should occur, the CITY shall have all of the <br />following rights and remedies, which it may exercise singly or in combination: <br />1. The right to declare that this Agreement together with all rights granted to <br />UTILITY thereunder are terminated, effective upon such date as is designated by the <br />CITY; <br />2. Any and all rights provided under federal laws and the laws of the State of <br />Florida. <br />ARTICLE X <br />GOVERNING LAW <br />This Agreement shall be governed by and construed in accordance with the laws <br />of the State of Florida. The UTILITY and the CITY agree to submit to service of <br />process and jurisdiction of the State of Florida for any controversy or claim arising out of <br />or relating to this Agreement or a breach of this Agreement. Venue for any court action <br />between the parties for any such controversy arising from or related to this Agreement <br />shall be in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, or in the <br />United States District Court for the Southern District of Florida, in Miami -Dade County, <br />Florida. <br />ARTICLE XI <br />ENTIRETY OF AGREEMENT <br />This Agreement incorporates and includes all prior negotiations, correspondence, <br />conversations, agreements, and understandings applicable to the matters contained <br />herein. The parties agree that there are no commitments, agreements, or understandings <br />concerning the subject matter of this Agreement that are not contained in this Agreement, <br />DKV:AA1tnk:kb:10/29/98:Surmy1s1erMaintenance 8 <br />