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<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 />SECTION TEN <br />ARBITRATION <br /> <br />It is the intention of the parties that whenever possible, if a dispute or controversy arises <br />hereunder then such dispute or controversy shall be settled by arbitration in accordance with the <br />procedures, rules and regulations of the American Arbitration Association. The decision <br />rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the <br />award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration <br />shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees <br />incurred by the parties shall be paid by the non-prevailing party or~ if neither party prevails on <br />the whole, each party shall be responsible for a portion of the costs of arbitration and their <br />respective attorneys' fees as may be determined by the court on confirmation <br /> <br />SECTION ELEVEN <br />EFFECT OF P ARTIAL INVALIDITY <br /> <br />The invalidity of any portion of this agreement shall not be deemed to affect the validity of any <br />other provision. If any provision of this agreement is held to be invalid, the parties agree that the <br />remaining provisions shall be deemed to be in full force and effect as if they had been executed <br />by both parties subsequent to the expunging of the invalid provision. <br /> <br />SECTION TWELVE <br />ENTIRE AGREEMENT <br /> <br />This agreement shall constitute the entire agreement between the parties and any prior <br />understanding or representation of any kind preceding the date of this agreement shall not be <br />binding upon either party except to the extent incorporated in this agreement. <br /> <br />SECTION THIRTEEN <br />MODIFICATION OF AGREEMENT <br /> <br />Any modification of this agreement or additional obligation assumed by either party in <br />connection with this agreement shall be binding only if placed in writing and signed by each <br />party or authorized representative of each party. <br /> <br />SECTION FOURTEEN <br />PARAGRAPH HEADINGS <br /> <br />The titles to the paragraphs of this agreement are solely for the convenience of the parties and <br />shall not be used to explain, modify, simplify~ or aid in the interpretation of the provisions of this <br />agreement. <br /> <br />4 <br /> <br />C091 0-_ Agreement -Recurring Events FOI1ll # I <br /> <br />FINA.L VERSION 712911010 <br />