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<br />: c,ity of Sunny Isles Betlch <br />-. <br /> <br />] 8070 Collins A venue, Sunny Isles Beach, Florida 33] 60 <br />(305) 947-0606 phone (30S) 949-3] 13 Fax <br /> <br />The City may sue for damages in arbitration. If Contractor fails, refuses or is unable to perfolm any <br />tenn of this Agreement City shall pay for services rendered as of the date of termination. <br /> <br />18. 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 understandings 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 signed by the party granting such waiver. <br /> <br />19. CONFLICTING PROVISIONS: The terms and conditions in this Agreement supersede <br />any other conflicting provisions that are contained in any other document. <br /> <br />(The remainder of this page has been intentionally left blank.) <br /> <br />C0607-094 KMR Construction Management, Inc. Services Agreement <br /> <br />7 <br /> <br />SIB <br />