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B. Termination for Convenience of City. The City may, for its convenience and <br /> without cause terminate the services then remaining to be performed at any time by giving <br /> written notice which shall become effective ten (10) days following receipt by Consultant. The <br /> terms of Paragraphs A(i)and (ii)shall be applicable hereunder. <br /> C. Termination for Insolvency. The City also reserves the right to terminate the <br /> remaining services to be performed in the event the Consultant is placed either in voluntary or <br /> involuntary bankruptcy or makes any assignment for the benefit of creditors. <br /> 8. NOTICES. All notices and other communications required or permitted to be given <br /> under this Agreement by either party to the other shall be in writing and shall be sent (except as <br /> otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return <br /> receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier <br /> service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by <br /> certified or registered mail, first class postage prepaid, return receipt requested or by overnight <br /> delivery by traditionally recognized courier service), addressed to such party as follows: <br /> If to the City: Christopher J. Russo With a copy to: <br /> City Manager Hans Ottinot <br /> City of Sunny Isles Beach City Attorney <br /> 18070 Collins Avenue City of Sunny Isles Beach <br /> Fourth Floor 18070 Collins Avenue <br /> Sunny Isles Beach, Florida 33160 Fourth Floor <br /> Tel: (305) 792-1701 Sunny Isles Beach, Florida <br /> 33160 <br /> Tel: (305) 792-1702 <br /> If to the Consultant: Ellen J. Uguccioni <br /> Cultural Resource Consultant <br /> 1115 Obispo Avenue <br /> Coral Gables, FL 33134 <br /> Tel: (305) 445-5023 <br /> Fax: (305) 445-8495 <br /> Email: ellenugucci@bellsouth.net <br /> 9. GOVERNING LAW. This Agreement shall be governed by and construed in accordance <br /> with the laws of the State of Florida. <br /> 10. 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 and 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 /> Page 3 of 5 <br />