Reso 2012-1882 - Laserfiche WebLink

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City of SlIfllIY Isles Beach 18070 Collins Avenlle, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax C. Tennination for Insolvencv. The City also reserves the right to terminate the remaining services to be performed in the event the Contractor is placed eitller in voluntary or involuntary bankmptcy or makes any assignment for the benefit of creditors. I I. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Contractor shall not subcontract, assign, or transfer any work under this agreement with the prior written consent of the City. Should the Contractor subeontract any services under this agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities, and liabilities of any person or entity acting under Contractor. 12. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises herellnder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, mles and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding lIpon 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. 13. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period ofTEN (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating sllch provisions. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, retllrn receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, rust class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: CI112-023 STElGERIlUIL T. LLC AGREEMENT Page 60f9 ('" ~ ,. ,:".,. i.: ;~) \..., if t..:-