Reso 2007-1155 - Laserfiche WebLink

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If to the City: A. John Szerlag Hans Ottinot, Esq. City Manager City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Ave. 18070 Collins A venue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Ph: 305-792-1701 Ph: 305-792-1702 If to the Contractor: Mitch Leitner President Superior Park Systems 1418 Scott Street Hollywood, FL 33020 Ph: 954-920-3352 Fax: 954-921-9563 15. 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 location of any legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida. 16. CONFIDENTIAL INFORMATION: The Contractor shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such provisions. 17. 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 City fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. 18. ARBITRA TION: 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 accordance 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. C0607-112 Superior Park Systems. Inc. Agreement Page 6