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 any guests, invitees or any other person who are attending the Race, or (3) any members of the general public who are not attending the Race but who are nevertheless in the immediate vicinity of the Race. In such circumstances, the party asserting the alleged default/defect shall place the asserted defaulting party on written and/or verbal notice of the purported breach/default and the breaching/defaulting party shall be required to immediately cure the alleged breach/default. (d) In the event that Offshore Events defaults, the City shall have all legal remedies available to it, including but not limited to termination of this Agreement upon ten (10) days written notice to Offshore Events. In the event of such termination, the City shall be entitled to a 100% refund for all fees and/or costs paid by the City to Offshore Events. 34. Cancellation: In the event the Race scheduled for Friday June 17, 2011, through Sunday June 19,2011, is cancelled due to an act of God, inclement weather (for example, flash floods, excessive winds, lightning, hurricane, fire, etc.) or by the occurrence of any other event beyond the control of the parties hereto, all parties shall be excused from any further performance of the obligations and undertakings set forth under the terms of this Agreement. In the event of such cancellation, the City shall be offered a 100% credit by Offshore Events, for all fees and/or costs paid by the City to Offshore Events, provided that the Race is rescheduled to occur in the City within 6 (six) months of the originally scheduled Race dates. However, in the event Offshore Events does not reschedule the Race in the City within 6 (six) months of the originally scheduled Race dates, the City shall be entitled to a 100% refund of all fees and/or costs paid to Offshore Events. 35. Uncontrollable Circumstances ("Force Maieure"): The City and Offshore Events will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: (a) the non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration and continues to furnish timely reports thereto during the period of the Force Majeure; (b) the excise of performance is of no greater scope and of no longer duration than is required by Force Majeure; (c) no obligations of either party that arose before the Force Majeure causing the excuse of performance are expected as a result of the Force Majeure; and (d) the non-performance party uses its best efforts to remedy its inability to perform. SiB C 1 0 11-030 OFFSHORE EVENTS Powerboat Racing Agreement Page II of 12