Reso 2020-3110 - Laserfiche WebLink

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Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Consultant and the City may reasonably withhold payments to Consultant for the purposes of set-off until such time as the exact amount of damages due the Cite from the Consultant is determined. B. Termingon for ConveniengS of Cift. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time. by giving written notice which shall become effective ten (10) days following receipt by Consultant, The terms of paragraphs A(i) and (ii) above shall be applicable hereunder. C. Terminatir►n far Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 10. NO ASSIGNNM I&JItANSM U CWTItACTI1V The Consultant shall not subcontract, assign or transfer any work, under this agreement without the prior written consent of the City. 11, tiYAMER OF RIGHT TQ MY TItlAL Each of the parties hereto hereby knowingly, voluntarily and intentionally, waives the right which any party may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or .y course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 12. ARBITRATION. It is the intention of the parties that whenever passible, if a dispute of controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the Americom Arbitration Association, The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, Arbitration shall be held in Miami -Dade County, Florida. All costs of arbitration and attorneys` fees incurred by the parties shall be paid by the non -prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court an confirmation. 13. CO F_' ._ISE Vl `� )[A.L W -1_R _TIi, The Consultant shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date apart which the Consultant shad leave the employment of the City for any reason whatsoever, disclose to any pemon or entity, other than in the discharge of the duties of the Consultant under this Agreement, any information which the City designates in writing as "confidential," As a violation by the Consultant of the provisions of tiros Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at low or in equity, to enjoin the Consultant in a court of equity foe violating such provisions. 14. N All notims and other corrimunit atiorns required or permitted to be given tinder this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered snail, firs class postage prepaid, return receipt requested, (H) by guaranteed overnight delivery by a nationally recognized courier Page 5 of 8