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<br />City of SU1lIlY Isles Beach <br /> <br />18070 Collins Avenue. Sunny Isles Bcach. Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fa, <br /> <br />12, TEHM INA TION: The City shall have the right to canccl this Agrecment, at any time <br />during the tenn hereof, upon thirty (30) days notice to the Contractor. <br /> <br />13, NOTICES: All notices and other communications required or pennitted to be given under <br />this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise <br />provided herein) (i) by certificd or registered mail, first class postage prcpaid, rcturn reccipt requested, <br />(ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile <br />with confirmation rcceipt (with a copy simultaneously scnt by certificd or registered mail, first class <br />postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier <br />service), addresscd to such party as follows: <br /> <br />If to the City: A. John Szerlag With a copy to: <br /> City Managcr Hans Ottinot, <br /> City of Sunny Isles Beach City Attorney <br /> 18070 Collins Ave. City of Sunny Isles Beach <br /> Sunny Isles Beach, Florida 33160. 18070 Collins A venue <br /> Ph: 305-947-0606 Sunny Isles Beach, Florida 33 I 60. <br /> Ph: 305-947-0606 <br />I f to the Contractor: Richard Gerken With a copy to: <br /> Servicc Sales Representative McQuay International <br /> McQuay Factory Service-Florida Attn: Legal Department <br /> 3540 W. Prospect Road, Ste, 201 13600 Industrial Park Blvd, <br /> Fort Lauderdale, FL 33309 Plymouth, MN 55441 <br /> Ph: 800-487-4808 <br /> <br />14, GOVEHNING LAW: The validity of this Agreement and the inteq)retation and performance <br />of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, <br />without regard to principles of conflict of laws thereof. The location of any legal action or proceeding <br />commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida, <br /> <br />] 5, REMEDIES FOR BHEACII: Should Contractor fail to perfonn, City shall notify Contractor <br />in writing of such failure to perfonn and Contractor shall have thirty (30) days of receiving such notice <br />to cure such failure, If Contractor is unable to cure such failure to perform, then City shall receive a <br />refund fi'om the Contractor in an amount cqual to the actual cost of a third party to cure such failure. <br />The City may sue for damages in circuit court. IfCity fails, refuses or is unable to perfonn any term of <br />this Agreemcnt, City shall pay for services rendered as of the date oftennination, <br /> <br />5 <br /> <br />C00607-013 l\'kQuay FaC!lllY Services - HV AC Sl.'rvict' Agrl.'l.'llll.'nl <br /> <br />SIB <br />