Reso 2011-1772 - Laserfiche WebLink

Home Browse Search

City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax C. Termination for Insolvencv. The City also reserves the right to terminate the remaining services to be performed in the event the Publisher is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 13. Governin2 Law and Venue. It is agreed that this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida. The venue for any legal proceeding to enforce any term of this Agreement shall be in Miami Dade County, Florida. 14. Arbitration. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 15. Attornevs' Fees. If any action is filed in relation to this Agreement, including appellate proceedings, the unsuccessful party in the action shall pay to the successful party, all sums that either party may be called upon to pay, including the successful party's attorney' fees and costs. 16. Partial Invalidity. The invalidity of any portion of this Agreement shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect, if they have been executed by both parties subsequent to the expungement of the invalid provision. 17. Entire A2reement. This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 18. Modification. Any modification of this Agreement or additional obligations assumed by either party in connection with Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 19. Conflictin2 provisions. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to any attachments hereto. 5 C I 0 11-063 Global Print Services , -I \," ,: