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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 />smorrisa,sibfl.net <br />aboileau n nlaw.com <br />If to the <br />Jose L. Sierra, President <br />Contractor: <br />Comtech Engineering, Inc. <br />7900 SW 57 Avenue, Suite 11 <br />Miami, FL 33143 <br />(305) 397-8283 <br />jsierragcomtechen .com <br />If to the <br />Fabricio Volpi <br />City's <br />Public Works Director <br />Representative: <br />18070 Collins Avenue <br />Sunny Isles Beach, Florida <br />33160 <br />305-792-1930 <br />fvolpinsibfl.net <br />ARTICLE XV <br />WAIVER OF JURY TRIAL <br />15.1 City and Contractor hereby knowingly, irrevocably, voluntarily and intentionally <br />waive any right either may have to a trial by jury in respect to any action, proceeding, lawsuit <br />or counterclaim based upon the Contract, arising out of, under, or in connection with the <br />construction of the Work, or any course of conduct, course of dealing, statements (whether <br />verbal or written) or the actions or inactions of any party. <br />ARTICLE XVI <br />ARBITRATION <br />16.1 Any dispute, controversy or claim arising out of or relating in any way to the <br />Contract, including without limitation any dispute concerning the construction, validity, <br />interpretation, enforceability or breach of the Contract, shall be exclusively resolved by binding <br />arbitration upon a Party's submission of the dispute to arbitration. In the event of a dispute, <br />controversy or claim arising out of or relating in any way to the Contract, the complaining Parry <br />shall notify the other Party in writing thereof. Within thirty (30) days of such notice, management <br />level representatives of both Parties shall meet at an agreed location to attempt to resolve the <br />dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, <br />the complaining Parry shall seek remedies exclusively through arbitration. The demand for <br />arbitration shall be made within a reasonable time after the claim, dispute or other matter in <br />question has arisen, and in no event shall it be made after two (2) years from when the aggrieved <br />parry knew or should have known of the controversy, claim, dispute or breach. <br />16.2 This agreement to arbitrate shall be specifically enforceable. A Party may apply to <br />any court with jurisdiction for interim or conservatory relief, including without limitation a <br />proceeding to compel arbitration. <br />16.3 The arbitration shall be conducted by one (1) arbitrator. If the Parties are not able <br />to agree upon the selection of an arbitrator, within twenty (20) days of commencement of an <br />COMTECH ENGINEERING, INC. 38 <br />