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dispute, controversy or cause of action, under this Interlocal Agreement, the prevailing_ party <br /> shall be entitled to its costs and expenses, including reasonable attorney's fees, incurred in <br /> connection with such action at the pretrial, trial, and appellate level, if necessary. <br /> Section 10. Entire Agreement. <br /> This document incorporates and includes all prior negotiations, correspondence, <br /> conversations, agreements and understandings applicable to the matters contained herein and the <br /> parties agree that there are no commitments, agreements, or understandings concerning the <br /> • subject matter of this Agreement that are not contained in this document. Accordingly, the <br /> parties agree that no deviation from the terms hereof shall be predicated upon any prior <br /> representations or agreements, whether oral or written. It is further agreed that no modification, <br /> amendment or alteration in the terms contained herein shall be effective unless set forth in <br /> writing in accordance with this section. No modification, amendment or alteration in the terms or <br /> conditions contained herein shall be effective unless contained in a written document prepared <br /> with the same formality as this Agreement and executed by both parties. <br /> Section 11. Notices. <br /> All notices and other communications required or permitted to be given under this <br /> Interlocal 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 With a copy to: <br /> City of Sunny Isles Beach Hans Ottinot, City Attorney <br /> 18070 Collins Avenue, 4th Floor City of Sunny Isles Beach <br /> Sunny Isles Beach, Florida 33160 18070 Collins Avenue, 4ih Floor <br /> Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160 <br /> Tel: (305) 792-1702 <br /> If to NMB: Ana M. Garcia, City Manager Jose Smith, City Attorney <br /> City of North Miami Beach City of North Miami Beach <br /> 17050 N.E. 19th Avenue 17011 N.E. 19th Avenue <br /> North Miami Beach, Florida 33162 North Miami Beach, Florida 33162 <br /> Tel: (305) 948-2983 Tel: (305) 948-2939 <br /> Section 12. Severability <br /> In the event that any section, paragraph, sentence, clause or provision hereof is held by a <br /> court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this <br /> Interlocal Agreement and the same shall remain in full force and effect. <br /> Page 4 S I •-' <br />