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<br />furnished by insurance companies authorized to do business in the State of Florida and <br />approved by the City Manager. <br /> <br />12. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby <br />knowingly, voluntarily and intentionally, waive the right which any may have to a jury <br />trial in respect of any action, proceeding, litigation or counterclaim based hereon or <br />arising out of, under, on or in connection with this agreement or any course of conduct, <br />course of dealing, statements (whether verbal or written) or actions of either of party. <br /> <br />13. ARBITRATION. It is the intention of the parties that whenever possible, if a <br />dispute or controversy arises hereunder, then, such dispute or controversy shall be settled <br />by arbitration in accordance with the procedures, rules and regulations of the American <br />Arbitration Association. The decision rendered by the Arbitrator shall be final and <br />binding upon the parties and judgment upon the award rendered by the arbitrator may be <br />entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade <br />County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall <br />be paid by the non-prevailing party or, if neither party prevails on the whole, each party <br />shall be responsible for a portion of the costs of arbitration. And their respective <br />attorneys' fees as may be determined by the court on confirmation. <br /> <br />14. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the <br />term of this Agreement or any time for a period of TEN (10) years subsequent to that <br />date upon which the Consultant shall leave the employment of the City for any reason <br />whatsoever, disclose to any person or entity, other than in the discharge of the duties of <br />the Consultant under this Agreement, -any information which the City designates in <br />writing as "confidential." As a violation by the Consultant of the provisions of this <br />Section could cause irreparable injury to the City and there is no adequate remedy at law <br />for such violation, the City shall have the right, in addition to any other remedies <br />available to it at law or in equity, to enjoin the Consultant in a court of equity for <br />violating such provisions. <br /> <br />15. NOTICES. All notices and communications hereunder shall be in writing and <br />shall be deemed given when sent postage prepaid by registered or certified mail, return <br />receipt requested and, if intended for City, shall be addressed to it, to the attention of the <br />Director of Community Planning and Development for the City of Sunny Isles Beach, at <br />17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida, 33160 with a copy to the <br />City Attorney at the same address. If the notice is intended for the Consultant, it shall be <br />addressed to it at 1900 Tigertail Avenue, Miami, Florida 33133. <br /> <br />16. GOVERNING LAW. This Agreement shall be governed by and construed in <br />accordance with the laws of the State of Florida. <br /> <br />17. AUDIT. The Consultant shall make available to the City or its representative all <br />required financial records associated with this Agreement for a period of THREE (3) <br />years. <br /> <br />18. NON-DISCRIMINATION. The Consultant agrees to comply with all local and <br />state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as <br />4 <br /> <br />. Bermello-Ajamil Consulting Agreement <br />