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Reso 2006-893
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Reso 2006-893
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Last modified
7/1/2010 9:41:42 AM
Creation date
7/26/2006 4:53:16 PM
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Template:
CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2006-893
Date (mm/dd/yyyy)
02/16/2006
Description
Agreement w/ RAFAEL BARRIOS, Artist, SCULPTURE FOR TOWN CENTER PARK
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<br />and the resulting document shall not, solely as a matter of judicial construction, be construed <br />more severely against one of the parties than the other. <br /> <br />10.14 PRIORITY OF PROVISIONS <br /> <br />If there is a conflict or inconsistency between any term, statement, requirement, or provision <br />of any exhibit attached hereto, any document or events referred to herein, or any document <br />incorporated into this Agreement by reference and a term, statement, requirement, or <br />provision of this Agreement, the term, statement, requirement, or provision contained in <br />Aliicles I through 13 of this Agreement shall prevail and be given effect. <br /> <br />10.15 APPLICABLE LAW AND VENUE <br /> <br />This Agreement shall be interpreted and construed in accordance with and governed by the <br />laws of the State of Florida. Venue for litigation concerning this Agreement shall be in <br />Miami Dade County, Florida. BY ENTERING INTO THIS AGREEMENT, ARTIST AND <br />CITY EXPRESSL Y WAIVE ANY RIGHTS THEY MA Y HA VE TO A TRIAL BY JURY <br />OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS <br />AGREEMENT. <br /> <br />1 0.16 ATTORNEY'S FEES <br /> <br />Ifthis matter is placed in the hands of an attorney for collection, or in the event suit or action <br />is instituted to enforce any ofthe terms or conditions of this agreement, the losing party shall <br />pay to the prevailing party, in such suit or action in both trial court and appellate court, <br />together with reasonable attorney's fees for the anticipated cost of collection andjudgment <br />enforcement. <br /> <br />10.17 AMENDMENTS <br /> <br />No modification, amendment, or alteration in the terms or conditions contained herein shall <br />be effective unless contained in a written document prepared with the same or similar <br />formality as this Agreement and executed by the City Commission. <br /> <br />10. I 8 PRIOR AGREEMENTS <br /> <br />This document incorporates and includes all prior negotlatlOns, correspondence, <br />conversations, agreements, and understandings applicable to the matters contained herein and <br />the parties agree that there are no commitments, agreements or understandings concerning <br />the subject matter of this Agreement that are not contained in this document. Accordingly, <br /> <br />.f"':\ n ~_ <br />
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