Reso 2009-1395 - Laserfiche WebLink

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including any presumption of superior knowledge or responsibility based upon a party's business or profession or any other professional training, experience, education or degrees of any member, agent, officer, or employee of any party. 9.03 Severability. The invalidity or unenforceability of anyone or more of the words, phrases, sentences, clauses, or sections contained in this Agreement shall not affect the validity or enforceability of the remaining provisions of this Agreement or any part of any provision, all of which are inserted conditionally on their being valid in law, and in the event that any one or more words, phrases, sentences, clauses or sections contained in this Agreement shall be declared invalid or unenforceable, this Agreement shall be construed as if such invalid or unenforceable word or words, phrase, or section or sections had not been inserted or shall be enforced as nearly as possible according to their original terms and intent to eliminate any invalidity or unenforceability. 9.04 No Third Party Beneficiaries. All obligations of the PARTIES under this Agreement are imposed solely and exclusively for the benefit of the party of this Agreement, and no other person will have standing to enforce, be entitled to or be deemed to be the beneficiary of any of these obligations. 9.05 Litigation; Prevailing Party. In the event of any arbitration or litigation, including all pre-trial, trial and appeals, with regard to this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable attorney's fees, including reasonable fees, costs, and expenses. 9.06 Assignment. This Agreement shall be binding upon and inure to the benefit of the PARTIES and their respective successors and assigns, but this Agreement may not be assigned by either party without the prior written consent of the other party. 9.07 Survival. Neither expiration nor termination of this Agreement shall terminate those obligations and rights of the PARTIES pursuant to this Agreement, which by their terms are intended to survive, and such provisions shall survive the expiration or termination of this Agreement. 9.08 Governing Law; Venue. This Agreement is made and delivered in, and shall be governed by and construed in accordance with the applicable laws of, the State of Florida without regard to conflict of law principles. Venue for the resolution of any disputes between the PARTIES shall be in Miami-Dade County, Florida. 9.09 Notices. Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and if sent by registered or certified mail, by overnight express, or by hand delivery to AMC or the City at the addresses set forth as follows or to any other address of which notice of the change is given to the PARTIES hereto. A notice shall be 8 C0809-044 AGREEMENT WITH AMC MEDICAL TRANSPORT A TION