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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />(b) the excise of performance is of no greater scope and of no longer duration than is <br />required by Force Majeure; <br /> <br />(c) no obligations of either party that arose before the Force Majeure causing the <br />excuse of performance are expected as a result of the Force Majeure; and <br /> <br />(d) the non-performance party uses its best efforts to remedy its inability to perform. <br /> <br />40. Cancellation: In the event the Race is cancelled due to Uncontrollable <br />Circumstances ("Force Majeure") as defined in Section 39 above, or by the occurrence of any <br />other event beyond the control of the parties hereto, the City shall be offered a 100% credit by <br />OSS for all fees and/or costs paid by the City to OSS, provided the Race is rescheduled to occur <br />in the City within 6 (six) months of the originally schedule Race dates. However, in the event <br />OSS does not reschedule the Race in the City within 6 (six) months of the originally schedule <br />Race dates, the City shall be entitled to a 100% refund of all deposits, fees and costs paid to OSS. <br /> <br />41. Miscellaneous. <br /> <br />(a) The City shall not enter into a similar contract or agreement with any other racing <br />organization for this Race event unless agreed to in writing by OSS; <br /> <br />(b) Each of the signatories by signing below certifies and warrants that they are <br />empowered to act and execute this Agreement on behalf of the respective parties; and <br /> <br />(c) It is expressly understood and agreed that this Agreement is for the duration of <br />this Race event only and that OSS has no right or privilege other than that expressly provided <br />herein. <br /> <br />42. Incorporation of Attachment "A" into Agreement: The City and OSS agree that <br />Attachment "A" attached hereto and made a part hereof, fully covers the total costs of the Race <br />paid by the City and OSS. OSS agrees that the total amount paid by the City to OSS shall not <br />exceed one hundred and twenty five thousand dollars ($125,000.00), as set forth in Attachment <br />"A". Any additional costs, other than those specifically outlined in Attachment "A", shall be the <br />sole responsibility of OSS. <br /> <br />C0708-028 ass Powerboat Racing Agreement <br /> <br />16 <br /> <br />ff( <br />