Reso 2021-3181 - Laserfiche WebLink

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Cht j of Sunny Isles Beach 18070 Collins Avenue, Sunriv Isles Beach, Florida ".160 (305) 947-0606 phone (305) �49-311'3 Fax 1.11. GOVERNING LAW AND ATTORN-ENPs }+. rES. It is agreed that this L'�gmemcnt shall be governed by, construed and Cnl'orced in accordance with the laws of the State of Florida.. VenLit for any legal proceeding shall be in Miami Lade County,, Florida. in thC e.vtnt L beeo.rnes necessary for the City to file a IRWSuit to enforce any term or provision under this Agreernentand the City is the. prevailing paroy then the City shall be entitled to its costs and attum y`s flues at the pretrial, trial and appellate lcyvls. 1.12. CONFIDENTIAL iNFORt'ui.ATION,' The Consultant shall that. either daring the term of this Agreement or any time far a period often (10) }'ears. subsequent to that date upon which the C 0nsuI[an t 0 a I I leave the ern Rloyrnmt of the City for any reason whatsoever-, discliose. to any person or Cntjt , other than in the discharge ol'the duties of the Consultant Linder this Agreement, any information which the C_:ity designates in writing as "confidential." As a violation by the Consultant 01,010 provisions of this Section could cause irr}eparabit irjury to the City and there is no adequate remedy at law for such violation, the City shall have €lie right, in addition ten any other remedies. available to it at later or in tgrrity; to enjoin the Consultant from violating such provisions. 1.13. JURISDICTION,'t-TNUE AND WAIVER 0Y.MMY TRIAL. This Agreementshall be interpreted -and construed in accordance with and Governed by the laws of thy. State; o(`Florida.. All parties agree and acctpt that jurisdiction of any dispute at' controversy arising, out of this A2reernent, and any action involving the enforcement or interpri;tation of any rights hereunder s}rail.be hrouuht,ex01usiwely in the Fleventh Judicial Circuit in and for 41iami Dade County, l'lorida, and venue for lit! -avian arising out Of this Agreement shall be eXcltrsiMy in such state coon; ftrrsaking any otlier jurisdiction which either party may claim by virtue of its residency or other jurisdictional dcvicc, In the event it beconnc:s necessary for the City to file a la«�4uit to enforce any term err provision under this Agreement and the City is the prevailing party then the City shall be cntt'ik d ter its costs and attonney's fees at the pretrial, trial and appellate levels_ BY ENTERING INTO TI I I5 AGU-'L41LNT, CONSULTANT AND CITY HEREBY EXPRESSLY WAiVE ANY RIGHTS EITHER PARTY MAY 1-IAVE TO A "TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENIT. Nothing in tlni% Agreement is intended to serve as, a waiver of sovereign immunity, or of any other immunky, defense, or privilege onjoyed by the City pursuant to Section 768.28; Florida 4tatutes, 1.14, NOTICE& Alt notioes and other comrnunicatiom recl,uired or permitted to be given under this; .Agreement by either partytn the other shall be [it writing and shall be sent (except as oflierwisc provided herein) (i) by uerti(ied or registered mail, first class postage prepaid, return receiptreyues;ted,.(ii)byguarimteedovernightdel ivery byanationallyrecogniz. dcour%erservice, or (iii) by facsimile with confirmation receipt (Mth a Copy simultaneously sent by certi(itcl or registered mail, lwm Class poslagi� prcpstid; return receipt requested or by overnight deliver, by traditionally recognized courier service), addressed to such party as follows: 6835-095 D)5A5TFR PROGfcAM$ & OPEKATIONS,1,1C.