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.. Attachment number 2 Page 12 of 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax floods, excessive winds, lightning, hurricane, fire, etc.) or by the occurrence of any other event beyond the reasonable control of the parties hereto, all parties shall be excused from any further performance of the obligations and undertakings set forth under the terms of this Agreement. In the event of such cancellation, the City shall be offered a 100% credit by Offshore Events for all fees and/or costs paid by the City to OFFSHORE EVENTS, provided the Race is rescheduled to occur in the City within 6 (six) months of the originally schedule Race dates. However, in the event Offshore Events does not reschedule the Race in the City within 6 (six) months of the originally schedule Race dates, City shall be entitled to a 100% refund of all fees and/or costs paid to Offshore Events. 33. Uncontrollable Circumstances ("Force Majeure"): The City and Offshore Events will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their reasonable control including but not limited to fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: ( (a) the non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration and continues to furnish timely reports therero during the period of the Force Majeure; (b) the excise of performance is of no greater scope and of no longer duration than is reasonably required by Force Majeure; (c) no obligations of either party that arose before the Force Majeure causing the excuse of performance are expected as a result of the Force Majeure; and (d) the non-performing party uses its best efforts to remedy its inability to perform. 34. Miscellaneous. (a) The City shall not enter into a similar contract or agreement with any other racing organization for this Race event unless agreed to in writing by Offshore Events. (b) Each of the signatories by signing below certifies and warrants that they are empowered to act and execute this Agreement on behalf of the respective parties. ( c) It is expressly understood and agreed that this Agreement is for the duration of this Race event only and that Offshore Events has no right or privilege other than that expressly provided herein. OFFSHORE EVENTS Powerboat Racing Agreement 12 Agenda Item No.lOC Datej121 /20 1 0 Page 75