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CITY OF SUNNY ISLES BEACH Bid No.- 01-09-01 Page No. 14 PARKS /MEDIANS/RIGHT -OF -WAY MAINTENANCE INVITATION TO BID recognized courier service), addressed to such parry as follows: if to the City one to Christopher J. Russo, City Manager and one to Lynn M. Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160. The address of the Contractor for notices is %4'e, t._) 0 8.7: GOVERNING LAW: The validity of the Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami -Dade County, in the State of Florida. 8.8: REMEDIES FOR BREACH: Should Contractor fail to perform, City Shall notify Contractor ' in writing of such failure to perform and Contractor shall have thirty (30) days of receiving such notice to cure such failure. If Contractor is unable to cure such failure to perform then City shall receive a refund equal to the actual cost of a third party to cure such failure. The City may sue for damages in circuit court. If City fails, refuses or is unable to perform any term of this agreement, City shall pay for services rendered as of the date of termination. 8.9: ATTORNEY'S FEES: If this matter is placed in the hands of an attorney for collection, or in the event suit or action is instituted to enforce any of the terms or conditions of this agreement, the losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate court, together with reasonable attorney's fees for the anticipated cost of collection and judgement enforcement.