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Reso 2007-1151
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Reso 2007-1151
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Last modified
7/1/2010 9:42:17 AM
Creation date
9/28/2007 10:42:35 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2007-1151
Date (mm/dd/yyyy)
09/20/2007
Description
Digital Recorder Purch Agrmt w-BIS Digital ($12,190)
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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3] 13 Fax <br /> <br />... <br /> <br />parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each pm1y <br />shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may <br />be determined by the court on confirmation. <br /> <br />16. REMEDIES FOR BREACH: Should Contractor fail to perform, City shall notify Contractor <br />in writing of such failure to perform and Contractor shall have ten (10) 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 <br />refund from the Contractor in an amount equal to the actual cost of a third pm1y to cure such failure. <br />The City may sue for damages in arbitration. If Contractor fails, refuses or is unable to perform any <br />term of this Agreement, City shall pay for services rendered as of the date of termination. <br /> <br />17. 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 nevertheless be <br />binding upon the parties with the same effect as though the void or unenforceable provisions had been <br />severed 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 />C. This Agreement shall constitute the entire agreement between the parties with respect to <br />the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written <br />negotiations, commitments, agreements and understandings relating hereto. <br /> <br />D. Any modification of this Agreement shall be effective only if in writing and signed by <br />the parties to this Agreement. <br /> <br />E. No waiver of any provision of this Agreement shall be valid or enforceable unless such <br />waiver is in writing and signed by the party granting such waiver. <br /> <br />18. CONFLICTING PROVISIONS: The terms and conditions in this Agreement supersede <br />any other conflicting provisions that are contained in any other document. <br /> <br />C0607-1 14 BIS Digital Agreement <br /> <br />7 <br />
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