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<br />20. ARBITRATION. It is the intention of the parties that whenever possible, if a
<br />dispute or controversy arises hereunder then such dispute or controversy shall be settled by
<br />arbitration in accordance with the procedures, rules and regulations of the American
<br />Arbitration Association. The decision rendered by the Arbitrator shall be final and binding
<br />upon the parties and judgment upon the award rendered by the arbitrator may be entered in
<br />any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. The
<br />non-prevailing party shall pay all costs of arbitration and attorneys' fees incurred by the
<br />parties or, if neither party prevails on the whole, each party shall be responsible for a portion
<br />of the costs of arbitration and their respective attorneys' fees as may be determined by the
<br />court on confirmation.
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<br />21. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the
<br />term of this Agreement or any time for a period of Ten (10) years subsequent to that date
<br />upon which the Contractor shall leave the employment of the City for any reason whatsoever,
<br />disclose to any person or entity, other than in the discharge of the duties of the Contractor
<br />under this Agreement, any information which the City designates in writing as
<br />"confidential." As a violation by the Contractor of the provisions of this Section could cause
<br />irreparable injury to the City and there is no adequate remedy at law for such violation, the
<br />City shall have the right, in addition to any other remedies available to it at law or in equity,
<br />to enjoin the Contractor in a court of equity for violating such provisions.
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<br />22. NOTICES. All notices and communications hereunder shall be in writing and shall
<br />be deemed given when sent postage prepaid by registered or certified mail, return receipt
<br />requested and, if intended for City to City Manager, Rick Conner, with a copy to Hans
<br />Ottinot, City Attorney, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles
<br />Beach, Florida 33160, and, if intended for Contractor, shall be addressed to, Chris de la
<br />Hoz, President and CEO, Toby's Concession Services, Inc. 10811 NW 29th Street, Miami,
<br />Florida 33172.
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<br />23. GOVERNING LAW. The validity of this Agreement and the interpretation and
<br />performance of all of its terms shall be construed and enforced in accordance with the laws of
<br />the State of Florida, without regard to principles of conflict of laws thereof. The location of
<br />any action or proceeding commenced under or pursuant to this Agreement shall be in Miami-
<br />Dade County, in the State of Florida.
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<br />24. AUDIT. The Contractor shall make available to the City or its representative all
<br />required financial records associated with the Agreement for a period of three (3) years.
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<br />25. NON-DISCRIMINA TION. The Contractor agrees to comply with all local and
<br />state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended,
<br />Title VIII of the Civil Rights Act of 1968 as amended, Title I of the Housing and Community
<br />Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
<br />Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive
<br />Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and
<br />12086. The Contractor will not discriminate against any employee or applicant for
<br />employment because of race, color, creed, religion, ancestry, national origin, sex, disability
<br />or other handicap, age, marital/family status, or status with regard to public assistance. The
<br />Contractor will take affirmative action to insure that all employment practices are free from
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