Reso 2001-376 - Laserfiche WebLink

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substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 10. Term. The te1111 of the Contract shall commence upon execution, and shall terminate upon completion of work described in Attachment "A". The City shall have the right to cancel this Agreement, at any time during the teIm hereof, upon thirty (30) days notice to the Contractor. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence perfOlmance of work on the Commencement Date and continue in a diligent manner until work is complete. Contractor acknowledges that compliance with the commencement and completion schedule is on the essence of this Agreement. The terms of paragraphs 7 and 8 hereof shall survive teImination of this Agreement. 11. Notices. All notices and other communications required or peImitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, retum receipt requested, (ii) by guaranteed ovemight delivery by a nationally recognized courier service, or (iii) by facsimile with confilmation receipt (with a copy simultaneously sent by ceIiified or registered mail, first class postage prepaid, retum receipt requested or by ovemight delivery by traditionally recognized courier service), addressed to such pariy as follows: if to the City one to Christopher J. Russo, City Manager and one to Lynn M. Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160. The address of the Contractor for notices is Anthony Nicolella, Owner, Nicolella Painting & Decorating, P.O. Box 558135, Miami, Florida, 33255, (305) 667-9773 phone. 12. Governing Law. The validity of this Agreement and the interpretation and perfOlmance of all of its teIms 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 action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida. 13. Remedies for Breach. Should Contractor fail to perfolm, City shall notify Contractor in writing of such failure to perform and Contractor shall have thirty (30) days of receiving such notice to cure such failure. If Contractor is unable to cure such failure to perfolm then City shall receive a refund equal to the actual cost of a third pariy to cure such failure. The City may sue for damages in circuit court. If City fails, refuses or is unable to perfOlm any teIm of this agreement, City shall pay for services rendered as of the date of teImination. 14. Attorney's Fees. If this matter is placed in the hands of an attomey for collection, or in the event suit or action is instituted to enforce any of the teIms or conditions of this agreement, the losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate court, together with reasonable attomey's fees for the anticipated cost of collection and judgment enforcement. 15. Miscellaneous.In the event any prOVIsIOn of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall neveIiheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. This Agreement may be executed in multiple identical Page 3 of4 Painting Agreement - Nicolella