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<br />City of Sunny Isles Beach <br /> <br />] 8070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), <br />addressed to such patty as follows: <br /> <br />If to the City: A. John Szerlag Hans Ottinot, Esq, <br /> City Manager City Attorney <br /> City of Sunny Isles Beach City of Sunny Isles Beach <br /> 18070 Collins A venue 18070 Collins Avenue <br /> Sunny Isles Beach, Florida 33160, Sunny Isles Beach, Florida 33160. <br /> Ph: 305-947-0606 Ph: 305-792- 1702 <br /> Fax: 305-949-3113 Fax: 305-792-1562 <br />If to the Contractor: Noel Ingco <br /> Homework, Inc. <br /> 18081 SW 33rd Street <br /> Miramar, FL 33029 <br /> Ph: 954-441-3161 <br /> Fax: 954-441-3161 <br /> <br />13, GOVERNING LAW: The validity of this Agreement and the interpretation and <br />performance of all of its terms shall be construed and enforced in accordance with the laws of the State of <br />Florida, without regard to principles of conflict of laws thereof. The location of any legal action or <br />proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida. <br /> <br />14. REMEDIES FOR BREACH: Should Contractor fail to perform, City shall notifY Contractor in <br />writing of such failure to perform and Contractor shall have thilty (30) days of receiving such notice to <br />cure such failure. If Contractor is unable to cure such failure to perform, then City shall receive a refund <br />from the Contractor in an amount equal to the actual cost of a third party to cure such failure. The City <br />may sue for damages in circuit COUlt. If City fails, refuses or is unable to perform any term of this <br />agreement, City shall pay for Services rendered as of the date of termination. <br /> <br />15. ATTORNEY'S FEES: If this matter is placed in the hands of an attorney for collection, or in the <br />event suit or action is instituted to enforce any of the terms or conditions of this agreement, the losing <br />party shall pay to the prevailing party, in such suit or action in both trial court and appellate COUlt, <br />together with reasonable attorney's fees for the anticipated cost of collection and judgment enforcement. <br /> <br />16. MISCELLANEOUS: <br /> <br />A. In the event any provision of this Agreement is found to be void and unenforceable by a <br />court of competent jurisdiction, the remaining provisions of this Agreement shall neveltheless be binding <br />upon the patties with the same effect as though the void or unenforceable provisions had been severed <br />and deleted, <br /> <br />B. This Agreement may be executed in multiple identical counterparts, each of which shall <br />be deemed an original for all purposes. <br /> <br />4 <br /> <br />C0506-009 Homework Customization and Installation of PTWIN32V2 Software Service Agreement <br /> <br />SIB <br />