Reso 2006-898 - Laserfiche WebLink

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validity or enforceability of the remaining provisions of this Agreement or any pat1 of any provision, all of which are inserted conditionally on their being valid in lav.', and in the event that anyone or more words, phrases, sentences, clauses or sections contained in this Agreement shall be declared invalid or unenforceable, this Agreement shall be construed as if such invalid or unenforceable word or words, phrase, or section or sections had not been inserted or shall be enforced as nearly as possible according to their original terms and intent to eliminate any invalidity or unenforceability. 9.04 No Third Party Beneficiaries. All obligations of the PARTIES under this Agreement are imposed solely and exclusively for the benefit of the party of this Agreement, and no other person will have standing to enforce, be entitled to or be deemed to be the beneficiary of any of these obligations. 9.05 Litigation; Prevailing Party. In the event of any arbitration or litigation, including all pre-trial, trial and appeals, with regard to this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all attorney's fees, including reasonable fees, costs, and expenses. 9.06 Assignment. This Agreement shall be binding upon and inure to the benefit of the PARTIES and their respective successors and assigns, but this Agreement may not be assigned by either patiy without the prior written consent of the other party. 9.07 Survival. Neither expiration nor termination of this Agreement shall terminate those obligations and rights of the PARTIES pursuant to this Agreement, which by their tenns are intended to survive, and such provisions shall survive the expiration or termination of this Agreement. 9.08 Governing Law; Venue. This Agreement is made and delivered in, and shall be governed by and construed in accordance with the applicable laws of, the State of Florida without regard to conflict of law principles. Venue for the resolution of any disputes between the PARTIES shall be in Miami-Dade County, Florida. 9.09 Notices. Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and if sent by registered or certified mail, by overnight express, or by hand delivery to LOGISTICARE or City of Sunny Isles Beach at the addresses set forth as follows or to any other address of which notice of the change is given to the PARTIES hereto. A notice shall be deemed received, regardless of any refusal of delivery, upon hand delivery, two (2) business days after posting in United States Mail, or one (1) business day after dispatch by overnight courier: To: LogistiCare Solutions, LLC 8323 N.W Jih Street Suite 109 8 SIB