Reso 2007-1111 - Laserfiche WebLink

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Cify ofS1I/1I1Y Isles Beach 18070 Collins A venue, Sunny Isles Ileach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 14, GOVERNING LAW: The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof, The loeation of any legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida, 15, ARBITRATION: It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordanee with the procedures, rules and regulations of the American Arbitration Association, The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida, All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 16, REMEDIES FOR BREACH: Should Contractor fail to perform, City shall notify Contractor in writing of such failure to perform and Contractor shall have ten (10) days of receiving such notice to cure such failure, If Contractor is unable to cure such failure to perform, then City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure, The City may sue for damages in arbitration, If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination, 17, MISCELLANEOUS: A, In the event any provision of this Agreement is found to be void and uncnforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effeet as though the void or unenforceable provisions had been severed and deleted, B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes, C. This Agreement shall constitute the entire agreement between the parties with respect to the subjeet matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, eommitments, agreements and understandings relating hereto, D, Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. C0607-099 Marlin Engineering, Inc. Professional Engineering Services Agreement 6 S\B