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Reso 2017-2666
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Reso 2017-2666
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Last modified
3/3/2017 2:23:02 PM
Creation date
3/3/2017 2:22:56 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2017-2666
Date (mm/dd/yyyy)
02/16/2017
Description
Agmt w/ PayByPhone Technologies for Mobile App Parking System
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305) 947-0606 phone (305) 949-3113 Fax <br /> 29. COUNTERPARTS. This Agreement may be executed in counterparts, each of which <br /> shall be an original and all of which shall constitute the same instrument. <br /> 30. RIGHTS OF THIRD PARTIES. Nothing in this Agreement,whether express or implied, <br /> is intended to confer any rights or remedies under or by reason of this Agreement on any persons <br /> other than the parties hereto and their respective legal representatives, successors and permitted <br /> assigns.Nothing in this Agreement is intended to relieve or discharge the obligation or liability of <br /> any third persons to any party to this Agreement, nor shall any provision give any third persons <br /> any right of subrogation or action over or against any party to this Agreement. <br /> 31. ELECTRONIC SIGNATURE(S). Contractor, if and by offering an electronic signature <br /> in any form whatsoever, will accept and agree to be bound by said electronic signature to all <br /> terms and conditions of this agreement. Further, a duplicate or copy of the agreement that contains <br /> a duplicated or non-original signature will be treated the same as an original, signed copy of this <br /> original agreement for all purposes. <br /> 32. ENTIRE AGREEMENT. This Agreement, including exhibits, (if any) constitutes the <br /> entire Agreement between the parties hereto with respect to the subject matter hereof. There are <br /> no other representations, warranties, promises, agreements or understandings, oral, written or <br /> implied, among the Parties, except to the extent reference is made thereto in this Agreement. No <br /> course of prior dealings between the parties and no usage of trade shall be relevant or admissible <br /> to supplement, explain, or vary any of the terms of this agreement. No representations, <br /> understandings, or agreements have been made or relied upon in the making of this Agreement <br /> other than those specifically set forth herein. In the event any provision of this Agreement is found <br /> to be void and unenforceable by a court of competent jurisdiction,the remaining provisions of this <br /> Agreement shall nevertheless be binding upon the parties with the same effect as though the void <br /> or unenforceable provisions had been severed and deleted. No waiver of any provision of this <br /> Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party <br /> granting such waiver. <br /> 33. CONFLICTING PROVISIONS. The terms and conditions of this Agreement shall <br /> prevail and be given superior effect and priority over any conflicting or inconsistent term, <br /> statement, requirement, or provision contained in any other document, attachment, including but <br /> not limited to Attachments "A" and "B", attached hereto and incorporated herein by reference, or <br /> any other document or attachment not specifically attached hereto or otherwise referenced in this <br /> Agreement. <br /> 34. MISCELLANEOUS. <br /> A. In the event any provision of this Agreement is found to be void and unenforceable <br /> by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless <br /> be binding upon the parties with the same effect as though the void or unenforceable provisions <br /> had been severed and deleted. <br /> C6399-1617-031 -PAYBYPHONE TECHNOLOGIES, INC. 10 S 1 B <br />
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