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payment to Contractor for the purposes of set-off until such time as the <br /> exact amount of damages due the City from the Contractor is <br /> determined. <br /> 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 <br /> by giving Contractor ten (10) days written notice. The terms of Paragraph A(i) <br /> and A(ii) above 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 Contractor is placed either <br /> in voluntary or involuntary bankruptcy or makes any assignment for the benefit <br /> of creditors. • <br /> 9. ARBITRATION. It is the intention of the parties that whenever possible, if a <br /> dispute or controversy arises hereunder then such dispute or controversy shall be settled by <br /> arbitration in accordance with the procedures, rules and regulations of the American <br /> Arbitration Association. The decision rendered by the Arbitrator shall be final and binding <br /> upon the parties and judgment upon the award rendered by the arbitrator may be entered in any <br /> court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs <br /> of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing <br /> party or, if neither party prevails on the whole, each party shall be responsible for a portion of <br /> the costs of arbitration and their respective attorneys' fees as may be determined by the court <br /> on confirmation. <br /> 10. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby <br /> knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in <br /> respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, <br /> under, on or in connection with this agreement or any course of conduct, course of dealing, <br /> statements (whether verbal or written) or actions of either of party. <br /> 11. 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,City Manager Hans Ottinot, Esq., City Attorney <br /> City of Sunny Isles Beach City of Sunny Isles Beach <br /> 18070 Collins Ave. 18070 Collins Avenue <br /> Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 <br /> Ph: 305-792-1701 Ph: 305-792-1702 <br /> If to the Contractor: Gary Avins, President <br /> Firepower Displays Unlimited, Inc. <br /> 1 14240 SW 256th Street <br /> Princeton,FL 33032 <br /> 5 <br /> CI213-025-FIREPOWER DISPLAYS UNLIMITED,INC. S I B <br />