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<br />If to the City: Christopher 1. Russo City Attorney <br /> City Manager City of Sunny Isles Beach <br /> City of Sunny Isles Beach 18070 Collins A venue <br /> 18070 Collins A venue Sunny Isles Beach, Florida 33160. <br /> Sunny Isles Beach, Florida 33160 Ph: 305-792-1702 <br /> Ph: 305-792-1701 <br />Ifto the Contractor: Dennis J. Giordano, President <br /> Calvin Giordano & Associates, Inc. <br /> i 800 Eller Drive, Suite 600 <br /> Fort Lauderdale, FL 33316 <br /> Ph: 954-921-7781 <br /> <br />12. GOVERNING LAW: The validity of this Agreement and the interpretation and <br />performance of all of its terms shall be construed and enforced in accordance with the laws of the <br />State of Florida, without regard to principles of conflict of laws thereof. The location of any legal <br />action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade <br />County, Florida. <br /> <br />13. REMEDIES FOR BREACH: Should Contractor fail to perform, City shall notify <br />Contractor in writing of such failure to perform and Contractor shall have thirty (30) days of <br />receiving such notice to cure such failure. If Contractor is unable to cure such failure to perform, <br />then City shall receive a refund from the Contractor in an amount equal to the actual cost of a third <br />party to cure such failure. The City may sue for damages in circuit court. If City fails, refuses or is <br />unable to perform any term of this agreement, City shall pay for services rendered as of the date of <br />termination. <br /> <br />14. ATTORNEY'S FEES: If this matter is placed in the hands of an attorney for <br />collection, or in the event suit or action is instituted to enforce any of the terms or conditions of this <br />agreement, the losing party shall pay to the prevailing party, in such suit or action in both trial court <br />and appellate court, together with reasonable attorney's fees for the anticipated cost of collection and <br />judgment enforcement. <br /> <br />15. MISCELLANEOUS: <br /> <br />A. In the event any provision of this Agreement is found to be void and unenforceable <br />by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless <br />be binding upon the parties with the same effect as though the void or unenforceable provisions had <br />been severed and deleted. <br /> <br />B. This Agreement may be executed in multiple identical counterparts, each of which <br />shall be deemed an original for all purposes. <br /> <br />C. This Agreement shall constitute the entire agreement between the parties with respect <br />to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written <br />negotiations, commitments, agreements and understanding relating hereto. <br /> <br />Page 4 of 5 <br />CGD- Web Hosting & GIS Data Maintenance <br /> <br />SiB <br />