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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) 949-3113 Fax <br /> <br />21. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are <br />discovered during the performance of this Agreement, the City shall have the right to cancel this <br />Agreement upon ten days (10) days written notice to Consultant. <br /> <br />22. MISCELLANEOUS: <br /> <br />A. In the event any provIsion of this Agreement is found to be void and <br />unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement <br />shall nevertheless be binding upon the parties with the same effect as though the void or <br />unenforceable provisions had been severed and deleted. <br /> <br />B. This Agreement may be executed in multiple identical counterparts, each of <br />which shall be deemed an original for all purposes. <br /> <br />C. This Agreement shall constitute the entire agreement between the parties with <br />respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral <br />and written negotiations, commitments, agreements and understandings relating hereto. <br /> <br />D. Any modification of this Agreement shall be effective only if in writing and <br />signed by the parties to this Agreement. <br /> <br />E. No waiver of any provision of this Agreement shall be valid or enforceable unless <br />such waiver is in writing and signed by the party granting such waiver. <br /> <br />F. Under no circumstances shall the Consultant be entitled to incidental, punitive, <br />indirect or consequential damages, including but not limited to lost revenue or lost profits, as a <br />result of termination of its Services under this Agreement. <br /> <br />(The remainder of this page has been intentionally left blank.) <br /> <br />8 <br /> <br />C0708-060 KErn 1& SCHNARS. P.A. TO PROVIDE A SIGNAL WARRANT STUDY AT 183RD STREET AGREEMENT <br />