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City of Sunny Isles Beach 18070 Collins Avenue,Sunny Isles Beach, Florida 33160 <br /> (305)947-0606 phone(305)949-3113 Fax <br /> 16. WAIVER OF RIGHT TO JURY TRIAL: Each of the parties hereto hereby <br /> knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in <br /> respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, <br /> under, on or in connection with this agreement or any course of conduct, course of dealing, <br /> statements (whether verbal or written) or actions of either of party. <br /> 17, REMEDIES FOR BREACH: Should Consultant fail to perform, City shall notify <br /> Consultant in writing of such failure to perform and Consultant shall have ten (10) days of <br /> receiving such notice to cure such failure. If Consultant is unable to cure such failure to perform, <br /> then City shall receive a refund from the Consultant in an amount equal to the actual cost of a <br /> third party to cure such failure. The City may sue for damages in circuit court. If Consultant <br /> fails, refuses or is unable to perform any term of this Agreement, City shall pay for services <br /> rendered as of the date of termination. <br /> 18. MISCELLANEOUS: <br /> A. In the event any provision of this Agreement is found to be void and <br /> unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement <br /> shall nevertheless be binding upon the parties with the same effect as though the void or <br /> unenforceable provisions had been severed and deleted. <br /> B. This Agreement may be executed in multiple identical counterparts, each of <br /> which shall be deemed an original for all purposes. <br /> C. This Agreement shall constitute the entire agreement between the parties with <br /> respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral <br /> and written negotiations, commitments, agreements and understanding relating hereto. <br /> D. Any modification of this Agreement shall be effective only if in writing and <br /> signed by the parties to this Agreement. <br /> E. No waiver of any provision of this Agreement shall be valid or enforceable unless <br /> such waiver is in writing and signed by the party granting such waiver. <br /> 19. CONFLICTING PROVISIONS: The terms and conditions in this Agreement <br /> supersede any other conflicting provisions that are contained in any other document. <br /> 00607-082 Superior Park Systems,Inc. Service Agreement <br /> Page 6 of <br /> 6 <br />