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<br />- <br /> <br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />event the parties shall proceed to Arbitration in accordance with the previous paragraph. <br /> <br />All costs of the Arbitration, including the legal action to confirm and enforce the <br />arbitrator's award, as the case may be, including the reasonable legal fees of both parties shall <br />be paid by the non-prevailing party, or, if neither party prevails on the whole, each party shall be <br />responsible for a portion of the costs of Arbitration as may be determined by the court on <br />confirmation. <br /> <br />25. Construction. Whenever the sense of this Agreement requires, words of the <br />singular number shall be construed to be plural and vice versa, and words of the masculine <br />gender shall be construed to be feminine and vice versa. <br /> <br />26. Original Documents. This Agreement shall be executed in any number of <br />counterparts, each of which shall be deemed an original, but all of which shall constitute one <br />instrument. <br /> <br />27. Amendment. This Agreement may be altered, amended or terminated only by a <br />writing signed by all of the Parties. All amendments or modiftcations of this Agreement shall be <br />binding upon the parties despite any lack of consideration so long as such amendment or <br />modiftcations are in writing and executed by the parties. <br /> <br />28. Merger of Agreements. This Agreement supersedes any and all prior agreements <br />or contracts, whether oral or in writing, if any, entered into between the parties as of the <br />date hereof, which agreements, if any, are merged herein. <br /> <br />29. Notice. Any notice required to be given hereunder shall be deemed duly <br />given if mailed in any United States post office, by registered or certified mail, return <br />receipt requested, or by messenger service or telecopy with acknowledgment of receipt. <br />Such notice shall be effective on the date appearing on the return receipt. Notices shall be <br />sent to the following addresses or to such other addresses as any party listed may designate in <br />writing to all other parties: <br /> <br />To: <br /> <br />Brad Schoenwald <br />Offshore Events <br />7485 NW 4th Street <br />Plantation, FL 33317 <br />Tel: (954) 560-9080 <br /> <br />To: <br /> <br />City Manager and City Attorney <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />Fourth Floor <br />Sunny Isles Beach, FL 33160 <br /> <br />C 1011-030 OFFSHORE EVENTS Powerboat Racing Agreement <br /> <br />Page 9 of 12 <br /> <br />Sl8 <br />