Reso 2010-1507 - Laserfiche WebLink

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Attachment number 2 Page II of 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 28. Waiver. The waiver of a breach of any provision of this Agreement by either party shall not operate or be construed as a waiver of any subsequent breach by said party, unless otherwise expressly provided in this Agreement. 29. Severability. The terms of the Agreement are independent of and severable from each other, and neither this Agreement nor any provision shall be affected or rendered invalid or unenforceable by virtue of the fact that any other or others of them may be invalid or unenforceable, in whole or in part for any reason. The section and paragraph headings are for convenience only and shall not affect the meaning or interpretation of this Agreement 30. Assignability. This Agreement shall not be assigned in whole or in part except by written agreement of the parties. The terms of this Agreement shall be binding and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Nothing herein expressed or implied is intended to confer on any person other than the parties hereto any rights, remedies, obligations or liabilities under or by reason of this Agreement. 31. Events of Default, Termination of Agreement and Remedies. (a) The following shall constitute events of default: (1) Any material misrepresentations, written or oral, made by Offshore Events and/or its representatives; (2) Failure by Offshore Events to timely perform and/or observe any of the terms and conditions of this Agreement; (3) Insolvency or bankruptcy on the part of Offshore Events. (b) The occurrence of any event of default to the City may, at the sole option of the City, work as an immediate and automatic forfeiture of any rights conferred under this Agreement. (c) In the event that Offshore Events default, the City shall have all legal remedies available to it, including but not limited to termination of this Agreement upon ten (10) days written notice to Offshore Events. In the event of such termination, the City shall be entitled to refund of all deposits paid to Offshore Events. 32. Cancellation: In the event the Race, scheduled for Thursday June 10, 2010, through Sunday June 13,2010, is cancelled due to an act of God, inclement weather (e.g. flash OFFSHORE EVENTS Powerboat Racing Agreement 11 Agenda Item No.] DC Date74'2112DID Page 74