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<br />. <br /> <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 under this Agreement, the <br />non-defaulting party shall have the right to terminate this Agreement upon thirty (30) days <br />notice. <br /> <br />13. Attorneys 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. Bindine:. The provisions of this Agreement shall be binding upon the parties <br />thereto and their respective successors and/or assigns. <br /> <br />IS. Entire Ae:reement. 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 />~ \/fdJ <br /> <br />By: Fortune International Hotels, Inc., a <br />Florida corporation, as Manager <br /> <br />c- <br /> <br /> <br />By: <br /> <br />Jane A. Hines, City Clerk <br />" ~ . r~ <br /> <br /> <br />CITY OF SUNNY ISLES BEACH <br /> <br />.ATTEST: <br /> <br />~'A~ <br /> <br /> <br /> <br />MIADOCS 33642344 <br />3/1 3/09 <br />