Reso 2016-2558 - Laserfiche WebLink

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10. Compliance with Law. Both parties shall comply with all applicable state, county and local laws and ordinances in fulfilling their responsibilities under this Agreement. 11. Default and Penalties. In the event of any default by either party under this Agreement, the non-defaulting party shall have the right to terminate this Agreement upon thirty (30) days written notice to the defaulting party. During this 30 day period, the defaulting party shall have the opportunity to cure the default. However, if the default remains uncured at the expiration of the 30 day period, the non-defaulting party may terminate this Agreement. No provision of this Agreement is intended, rior shall any be construed, as a covenant of any official (either elected or appointed), director, employee or agent of the City in an individual capacity and neither shall any such individuals be subject to personal liability by reason of any covenant or obligation of the City hereunder. 12. Attorneys Fees. In the event of any dispute arising out of or related to this Agreement, the prevailing party shall be entitled to receive from the non-prevailing party the prevailing party's reasonable attorneys' fees, costs and disbursements and court costs through the trial and all appellate levels and including any of same incurred in connection with enforcement of judgments and other collection costs. 13. Binding. The provisions of this Agreement shall be binding upon the parties thereto and their respective successors and/or assigns. 14. Severability. The terms of the Agreement are independent of and severable from each other, and neither this Agreement nor any provision shall be affected or rendered invalid or unenforceable by virtue of the fact that any other or others of them may be invalid or unenforceable, in whole or in part for any reason. 15. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any action, in equity or law, with respect to this Agreement must be brought and heard in Miami-Dade County. 16. Independent Relationship. This Agreement does not evidence the creation of, nor shall it be construed as creating, a partnership or joint venture between the City and Salem House and it does not create any obligation or responsibility on behalf of the City or bind the City in any manner. Each party is acting for its own account, and has made its own independent decisions to enter into this Agreement and as to whether the same is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. Each party acknowledges that none of the other parties hereto is acting as a fiduciary for or an adviser to it in respect of this Agreement or any responsibility or obligation contemplated herein.