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<br />Interlocal Agreement by and between the City of Sunny Isles Beach, Florida, <br />and The School Board of Miami-Dade County, Florida <br /> <br />upon any person or corporation other than the Board and the City any right, <br />remedy, or claims under or by reason of this Agreement or any of the provisions <br />or conditions of this Agreement; and all of the provisions, representations, <br />covenants, and conditions contained in this Agreement shall inure to the sole <br />benefit of and shall be binding upon the Board and the City, and their respective <br />representatives, successors, and assigns. <br /> <br />J. Joint Defense. In the event that the validity of this Agreement is challenged by a <br />third party or parties unrelated to the Parties through legal proceedings or <br />otherwise, the Parties hereto agree to cooperate with each other in defense of this <br />Agreement, with each such Party to bear its own attorney's fees and costs <br />associated with such defense. <br /> <br />I <br />I <br />I <br />. <br /> <br />K. <br /> <br />Severability. The invalidity or unenforceability of anyone or more provisions of <br />this Agreement shall not affect the validity or enforceability of the remaining <br />portions of this Agreement or any patt of this Agreement not held to be invalid or <br />unenforceable. <br /> <br />L. Time is of the Essence. The Parties acknowledge that time is of the essence in <br />the performance of all obligations required hereunder, and all "days" referenced <br />herein, including in any of the attachments, shall be deemed "calendar days" <br />unless otherwise specifically set forth. <br /> <br />M. ControIlin2 Laws. This Agreement and the provisions contained herein shall be <br />construed, interpreted, and controlled according to the laws of the State of <br />Florida. Venue for any dispute shall be in Miami-Dade County, Florida. <br /> <br />N. Authorization. The execution of this Agreement has been duly authorized by the <br />Board and City. The Board and the City have complied with all requirements of <br />law in connection with the execution and delivery of this Agreement and the <br />performance of their respective obligations hereunder. The Board and the City <br />have full power and authority to comply with the terms and provisions of this <br />instrument. <br /> <br />O. Headin2 for Convenience Only. The descriptive headings in this Agreement are <br />for convenience only and shall not control nor affect the meaning or construction <br />of any of the provision of this Agreement. <br /> <br />P. Counterparts. This Agreement may be executed in any number of counterparts, <br />each of which when executed and delivered shall be an original; however, all such <br />counterparts together shall constitute, but one and the same instrument. Signature <br />and acknowledgments pages, if any; may be detached from the counterparts and <br />attached to a single copy of this document to physically form one document. <br /> <br />8 <br /> <br />SIB <br />