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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 />purposes of set-off until such time as the exact amount of damages due the City <br />from the Contractor is determined. <br />B. Termination for Convenience of City. The City may, for its convenience and without <br />cause immediately terminate the Set -vices then remaining to be performed at any time <br />by giving written notice. The terms of Paragraph A(i) and A(ii) above shall be <br />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 in <br />voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br />creditors. <br />D. Tennination for failure to adhere to the Public Records Law. Failure of the Contractor <br />to adhere to the requirements of Chapter- 119 of the Florida Statutes and Section 19 <br />below, may result in immediate termination of this agreement. <br />9. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be <br />interpreted and construed in accordance with and governed by the laws of the State of Florida. All <br />parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, <br />and any action involving the enforcement or interpretation of any rights hereunder shall be brought <br />exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for <br />litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other <br />jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In <br />the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under <br />this Agreement, then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and <br />appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY <br />HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY <br />JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this <br />Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, <br />defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. <br />10. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of <br />this Agreement or any time for a period of 10 (Ten) years subsequent to that date upon which the <br />Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person <br />or entity, other than in the discharge of the duties of the Contractor under this Agreement, any <br />information which the City designates in writing as "confidential." As a violation by the Contractor <br />of the provisions of this Section could cause irreparable injury to the City and there is no adequate <br />remedy at law for such violation, the City shall have the right, in addition to any other remedies <br />available to it at law or in equity, to enjoin the Contractor from violating such provisions. <br />11. NOTICES. All notices and other communications required or permitted to be given under <br />this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise <br />provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt <br />requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) <br />FPI Security Services, Inc. <br />