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<br />If to the City: A. John Szerlag Hans Ottinot, Esq. <br /> City Manager City Attorney <br /> City of Sunny Isles Beach City of Sunny Isles Beach <br /> 18070 Collins Ave. 18070 Collins A venue <br /> Sunny Isles Beach, Florida 33160. Sunny Isles Beach, Florida 33160. <br /> Ph: 305-947-0606 Ph: 305-792-1702 <br />I f to the Contractor: Marcy Zambelli <br /> Zambelli Fireworks Manufacturing <br /> Corp. <br /> Southern Region <br /> 299 NW 52 Terrace <br /> Boca Raton, FL 33487 <br /> Ph: 800 860-0955 <br /> Fax: 561-395-] 799 <br /> <br />12. GOVERNING 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 Florida, without <br />regard to principles of conflict of laws thereof. The location of any legal action or proceeding commenced <br />under or pursuant to this Agreement shall be in Miami-Dade County, Florida. <br /> <br />13. REMEDIES FOR BREACH: Should Contractor fail to perform, City shall notify Contractor <br />in writing of such failure to perform and Contractor shall have thit1y (30) days of receiving such notice to cure <br />such failure. If Contractor is unable to cure such failure to perform, then City shall receive a refund from the <br />Contractor in an amount equal to the actual cost of a third party to cure such failure. The City may sue for <br />damages in circuit coul1. If City fails, refuses or is unable to perform any term of this Agreement, City shall <br />pay for services rendered as of the date of termination. <br /> <br />14. ATTORNEY'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, the losing party <br />shall pay to the prevailing party, in such suit or action in both trial coul1 and appellate court, together with <br />reasonable attorney's fees for the anticipated cost of collection and judgment enforcement. <br /> <br />15. MISCELLANEOUS: <br /> <br />A. In the event any provision of this Agreement is found to be void and unenforceable by a cOUl1 <br />of competent jurisdiction, the remaining provisions of this Agreement shall nevel1heless be binding upon the <br />pat1ies with the same effect as though the void or unenforceable provisions had been severed and deleted. <br /> <br />B. This Agreement may be executed in multiple identical counterparts, each of which shall be <br />deemed an original for all purposes. <br /> <br />C. This Agreement shall constitute the entire agreement between the parties with respect to the <br />subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, <br />commitments, agreements and understanding relating hereto. <br /> <br />Zambelli Fireworks Agreement <br /> <br />Page 4 <br /> <br />SIB <br />