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<br />Cily of SIIIIIIY Isles Bertch <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such <br />provIsions. <br /> <br />17. REMEDIES FOR BREACH: Should Contractor fail to perform, City shall notify Contractor <br />in writing of such failure to perform and Contractor shall have ten (10) days of receiving such notice to <br />cure such failure. If Contractor is unable to cure such failure to perform, then City shall receive a <br />refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. <br />The City may sue for damages in circuit court. If Contractor fails, refuses or is unable to perform any <br />term of this Agreement, City shall pay for services rendered as of the date of tennination. <br /> <br />18. 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 <br />losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate <br />court, together with reasonable attorney's fees for the anticipated cost of collection and judgment <br />enforcement. <br /> <br />19. MISCELLANEOUS: <br /> <br />A. In the event any provision of this Agreement is found to be void and unenforceable by a <br />court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be <br />binding upon the parties with the same effect as though the void or unenforceable provisions had been <br />severed and deleted. <br /> <br />B. This Agreement may be executed in multiple identical counterparts, each of which shall <br />be deemed an original for all purposes. <br /> <br />C. This Agreement shall constitute the entire agreement between the parties with respect to <br />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 />D. Any modification of this Agreement shall be effective only if in writing and signed by <br />the parties to this Agreement. <br /> <br />E. No waiver of any provision of this Agreement shall be valid or enforceable unless such <br />waiver is in writing and signcd by the party granting such waiver. <br /> <br />20. CONFLICTING PROVISIONS: The terms and conditions in this Agreement supersede <br />any other conflicting provisions that are contained in any other document. <br /> <br />C0607-036 Streeter's Catering Service Agreement <br /> <br />6 <br /> <br />SIB <br />