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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 Phone (305) 947-0606 Fax (305) 949-3113 If to the City: Alan 1. Cohen, City Manager With a copy to: City of Sunny Isles Beach Hans Ottinot, City Attorney 18070 Collins Ave. City of Sunny Isles Beach Fourth Floor 18070 Collins Ave. Sunny Isles Beach, Florida 33160 Fourth Floor Ph: 305-792-1701 Sunny Isles Beach, Florida 33160 Ph: 305-792-1702 If to the Contrator: Sonny or Claudia Banks All Star Events, Inc. 16350 NW 15th Avenue Miami, FL 33169 Ph: 305-623-0058 Fax: 305-623-0067 Trisha~allstar-events.com 14. GOVERNING LAW: The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida. 15. 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. 16. MISCELLANEOUS: A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understanding relating hereto. C1112-003 All Star Events, Inc. Service Agreement - WINTER-FEST 6 i~ .