Reso 2011-1680 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 30. Waiver. The waiver of a breach of any provision of this Agreement by either party shall not operate or be construed as a waiver of any subsequent breach by said party, unless otherwise expressly provided in this Agreement. 31. Severability. The terms of the Agreement are independent of and severable from each other, and neither this Agreement nor any provision shall be affected or rendered invalid or unenforceable by virtue of the fact that any other or others of them may be invalid or unenforceable, in whole or in part for any reason. The section and paragraph headings are for convenience on! y and shall not affect the meaning or interpretation of this Agreement 32. Assignability. This Agreement shall not be assigned in whole or in part except by written agreement of the parties. The terms of this Agreement shall be binding and inure to the beneftt of the parties hereto and their respective permitted successors and assigns. Nothing herein expressed or implied is intended to confer on any person other than the parties hereto any rights, remedies, obligations or liabilities under or by reason of this Agreement. 33. Events of Default. Termination of Agreement and Remedies. (a) The following shall constitute events of default: (1) Any material misrepresentations, written or oral, made by Offshore Events or the City and/or its representatives; (2) Failure by Offshore Events or the City to timely perform and/or observe any of the terms and conditions of this Agreement; (3) Insolvency or bankruptcy on the part of Offshore Events. (b) The occurrence of any event of default to the City or Offshore Events may, at the sole option of the City or Offshore Events work as an immediate and automatic forfeiture of any rights conferred under this Agreement. However, should either of the parties to this Agreement assert that the other is in default of any provision of this Agreement, the party asserting the default shall place the asserted defaulting party on written notice of the purported breach/default and the breaching/defaulting party shall be entitled to cure any purported default/defect in performance within 7 (seven) calendar days of receipt of said written notice, which notice shall comply with paragraph 29 above. (c) The 7 (seven) day opportunity to cure provision in paragraph (b) above does not apply to any purported default/defect that is alleged to have occurred on or after Friday June 10, 2011, or to any defaults/defects that potentially jeopardize the life, health, safety or welfare of (1) any offtcers, agents or employees of the City or Offshore Events who are attending the Race, (2) SIB C 10 11-030 OFFSHORE EVENTS Powerboat Racing Agreement Page 10 of 12