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<br />(;J <br /> <br />,Mar~tl JVlr.)fJeh p'l'. (!!!/ <br />If to the Consultant: Mieha~ <br />Vice President <br />Kimley-Horn & Associates, Inc. <br />/ . }.) 1690 South Congress Avenue, <br />(P, Suite 100 <br />De!f'Il.'1 gec.c~ -9elmy, FL 33445 <br />Ph: 561-330-2345 <br />Fax: 561-330-2245 <br /> <br />/ 0 k:& <br /> <br />kev;'l 5c-AaVlct1) p'E. <br />A~5 bC. t'c:d~ <br />kt m I ~- HcI"I'1 ~.J 11:55OC;ct -ks, Le. <br />I if 20 1lJet..\/tt kJa Y ) SfJl'IC Zoo <br />tu~ {""-In-. 8eQc~J ;; 3j41! <br /> <br />ph: 5'61-84~-{)~t:.5 <br />: St,I- 8(.,3- ens <br /> <br />13. GOVERNING LAW: The validity of this Agreement and the interpretation and <br />performance of all of its terms shall be construed and enforced in accordance with the laws of the <br />State of Florida, without regard to principles of conflict of laws thereof. The location of any <br />legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami- <br />Dade County, Florida. <br /> <br />14. ARBITRATION: It is the intention of the parties that whenever possible, if a dispute or <br />controversy arises hereunder then such dispute or controversy shall be settled by arbitration in <br />accordance with the procedures, rules and regulations of the American Arbitration Association. <br />The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment <br />upon the award rendered by the arbitrator may be entered in any court having jurisdiction. <br />Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' <br />fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails <br />on 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 />15. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations and <br />ordinances of any federal, state, or local governmental authority having jurisdiction with respect <br />to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material <br />permits, licenses, approvals and consents necessary for the lawful conduct of the activities <br />contemplated under this Agreement. <br /> <br />16. MISCELLANEOUS: <br /> <br />A. In the event any proVISIOn of this Agreement is found to be void and <br />unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement <br />shall nevertheless be binding upon the parties with the same effect as though the void or <br />unenforceable provisions had been severed and deleted. <br /> <br />B. This Agreement may be executed in multiple identical counterparts, each of <br />which shall be deemed an original for all purposes. <br /> <br />C. This Agreement shall constitute the entire agreement between the parties with <br />respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral <br />and written negotiations, commitments, agreements and understanding relating hereto. <br /> <br />c:~,.~ . r.o. <br />'oP' j' i'-.,f <br />t....~ <br /> <br />CI I 12-005 KIMLEY-HORN & ASSOCIATES, INe. AGREEMENT <br /> <br />Page 6 of8 <br />