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<br />Facility shall be used by Fortune, its employees, contractors, agents, and invitees, pursuant to <br />such rules and regulations, as the City shall from time to time promulgate. <br /> <br />12. Default. In the event of any default by either party IDlder this Agreement, the <br />non-defaulting party shall have the right to terminate this Agreement upon thirty (30) days <br />notice, <br /> <br />13. Attornevs Fees. In the event of any dispute arising out of or related to this <br />Agreement, the prevailing party shall be entitled to receive:: from the other party the reasonable <br />attorneys' fees, costs and disbursements and court costs incurred by the prevailing party through <br />the trial and all appellate levels and including any of same incurred in connection with <br />enforcement of judgments and other collection costs. <br /> <br />14. Bindinf!. The provisions of this Agreement shall be binding upon the parties <br />thereto and their respective successors and/or assigns, <br /> <br />15, Entire Agreement. This Agreement constitutes the entire agreement between the <br />parties and may not be changed, altered or modified except by an instrument in writing signed by <br />the party against whom enforcement of such change would be sought. <br /> <br />IN WITNESS WHEREOF, the parties hereto have ,executed this Agreement in duplicate <br />on the day and year first written above. <br /> <br /> <br />FORTUNE INTERNATIONAL HOSPITALITY, <br />LLC, a Florida limited liability company <br /> <br />By: <br /> <br />Fortune International Hotels, Inc" a <br />Florida corporation, as Manager <br /> <br />~~~ \/'fd J. <br /> <br />By: <br /> <br />~ <br /> <br />Edgard' <br /> <br /> <br />CITY OF SUNNY ISLES BEACH <br /> <br />ATTEST: <br /> <br />By: <br />Norman S. Edelcup, Mayor <br /> <br />Jane A. Hines, City Clerk <br /> <br />APPROVED AS TO FORM AND LEGAL <br />SUFFICIENCY <br /> <br />By: <br />Hans Ottinot, City Attorney <br /> <br />MIADOCS 3364234 4 <br />3/13/09 <br />