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<br />14, Notices. All notices and other communications required or permitted to be given under
<br />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, (ii) by guaranteed overnight delivery by a nationally recognized courier
<br />service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by
<br />certified or registered mail, first class postage prepaid, return receipt requested or by overnight
<br />delivery by traditionally recognized courier service), addressed to such party as follows: if to the
<br />City to the attention of Christopher J. Russo, City Manager, with a copy to Lynn M.
<br />Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250,
<br />Sunny Isles Beach, Florida 33160, and to Contractor at, Altius, Inc., 12260 SW 128 Street,
<br />Miami, Florida 33186, Attention: Mr. Bert Oliva, President.
<br />
<br />15, Governin1! Law. The validity of this Agreement and the interpretation and performance
<br />of all of its terms shall be construed and enforced in accordance with the laws of the State of
<br />Florida, without regard to principles of conflict of laws thereof, The location of any action or
<br />proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in
<br />the State of Florida.
<br />
<br />16, Remedies for Breach. Should Contractor fail to perform, City shall notify Contractor in
<br />writing of such failure to perform and Contractor shall have thirty (30) days of receiving such
<br />notice to cure such failure. If Contractor is unable to cure such failure to perform then City shall
<br />receive a refund equal to the actual cost of a third party to cure such failure, The City may sue
<br />for damages in circuit court,
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<br />17, Attornev's Fees. If this matter is placed in the hands of an attorney for collection, or in
<br />the event suit or action is instituted to enforce any of the terms or conditions of this agreement,
<br />the losing party shall pay to the prevailing party, in such suit or action in both trial court and
<br />appellate court, together with reasonable attorney's fees for the anticipated cost of collection and
<br />judgment enforcement.
<br />
<br />18, Miscellaneous, In the event any provision of this Agreement is found to be void and
<br />unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
<br />shall nevertheless be binding upon the parties with the same effect as though the void or
<br />unenforceable provisions had been severed and deleted. This Agreement may be executed in
<br />multiple identical counterparts, each of which shall be deemed an original for all purposes, This
<br />Agreement shall constitute the entire agreement between the parties with respect to the subject
<br />matter hereof, and it shall supersede all previous and contemporaneous oral and written
<br />negotiations, commitments, agreements and understanding relating hereto, Any modification of
<br />this Agreement shall be effective only if in writing and signed by the parties to this Agreement.
<br />No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is
<br />in writing and signed by the parting granting such waiver.
<br />
<br />19. Conflictin1! Provisions: The terms and conditions in this Agreement supersede any
<br />other conflicting provisions that are contained in any other document.
<br />
<br />City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
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<br />Altius Service Contract
<br />Attorney! Agreements! CH
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