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<br />] O. ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the <br />City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of <br />substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is <br />personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its <br />obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted <br />assignment or delegation shall be deemed of no legal force and effect whatsoever. <br /> <br />II . TERM: The tenn of this Agreement shall commence upon execution, and shall continue for a <br />period of one (I) year, with the City having the sole option to renew this Agreement for t\VO (2), one year <br />terms, unless tel111inated sooner pursuant to the tenl1S of this Agreement. Contractor is to commence <br />perf0l111anCe of work on the Commencement Date and continue in a diligent manner until work is <br />complete. Contractor acknowledges that compliance with the commencement and completion schedule is <br />on the essence of this Agreement. The terms of Sections 7 and 8 entitled "Compliance with Law" and <br />"Waiver of Liability/Indemnity," respectivcly, shall survive tenl1ination of this Agreement. <br /> <br />12. TERMINA nON: The City shall have the right to cancel this Agreement, at any time during <br />the term hereof, upon thirty (30) days writtcn notice to the Contractor. Payment will be made only for <br />work completed to the satisfaction of the City. Contractor shall have the right to cancel this Agreement <br />upon thirty (30) days written notice to the City. <br /> <br />13. NOTICES: All notices and other communications required or pel111itted to be given undcr <br />this Agrecment by either party to the other shall bc in writing and shall be sent (except as otherwise <br />provided herein) (i) by celiified or registered mail, first class postage prepaid, retul11 receipt requested, (ii) <br />by guaranteed ovel11ight delivery by a nationally recognized courier service, or (iii) by facsimile with <br />confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage <br />prepaid, retul11 receipt requested or by ovel11ight delivery by traditionally recognized courier servicc), <br />addresscd to such pat1y as follows: <br /> <br />I f to the City: A. John Szerlag Hans Ottinot, Esq. <br /> City Manager City Attol11ey <br /> City of Sunny Isles Beach City of Sunny Isles Bcach <br /> 18070 Collins Avenue 18070 Collins Avenue <br /> Sunny Isles Beach, Florida 33160. Sunny Isles Beach, Florida 33160. <br /> Ph: 305-792-170 I Ph: 305-792-1702 <br /> Fax: 305-592-] 561 Fax: 305-792-1562 <br />I f to the Contractor: Brian Mueller, Account Manager <br /> Southeast Mechanical Contractors <br /> 2120 S. W. 571h Tenace <br /> Hollywood, FL 33023 <br /> Ph: 954-965-5900 <br /> Fax: 954-987-4490 <br /> <br />14. GOVERNING LAW: The validity of this Agreement and the interpretation and <br />performance of all of its tenl1S 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 legal action or <br />proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida. <br /> <br />Southeast Mechanical Contractors <br /> <br />4 <br /> <br />SIB <br />