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Reso 2013-2015
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Reso 2013-2015
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Last modified
1/17/2013 11:49:44 AM
Creation date
1/10/2013 10:12:44 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2013-2015
Date (mm/dd/yyyy)
01/08/2013
Description
Award Bid 12-10-01/Agmt w/JVA Engineers, Pier & Restaurant Utilities
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The documents listed in paragraphs 9.2 et seq. above are attached to this Agreement <br /> (except as expressly noted otherwise above). <br /> There are no Contract Documents other than those listed above in this Article 9. The <br /> Contract Documents may only be amended, modified or supplemented as provided in <br /> paragraph 3.04 of the General Conditions. <br /> 10. TERMINATION. The City may terminate this Agreement with cause upon <br /> Thirty (30) days written notice to the Contractor pursuant to Article 15, Paragraph 15.02 <br /> of the General Conditions. Alternatively, the City may terminate this Agreement <br /> without cause upon Seven (7) days written notice to the Contractor pursuant to Article <br /> 15, Paragraph 15.03 of the General Conditions. <br /> I1. MEDIATION. In the event of any dispute arising under, out of, in connection <br /> with, or in relation to this Agreement, the parties shall first attempt to resolve the dispute <br /> amicably. However, in the event that the parties hereto are unable to resolve the dispute <br /> amicably, either party may give notice for a Mediation session before a Mediator <br /> appointed by mutual agreement between the parties (hereinafter the "Mediator"). <br /> Mediation shall be held in Miami Dade County. Should any dispute not be resolved <br /> amicably or through formal mediation, the parties retain all their legal rights and <br /> remedies provided under Florida law with venue to be held in Miami Dade County, Florida. <br /> All costs of the Mediation and the legal action to confirm and enforce same, as the <br /> case may be, including the reasonable legal fees of both parties shall be paid by the non- <br /> prevailing party,or, if neither party prevails on the whole,each party shall be responsible <br /> for a portion of the costs of Mediation as may be determined by the court on <br /> confirmation. <br /> 12. CONFIDENTIAL INFORMATION. The Contractor shall not, either during <br /> the term of this Agreement or any time for a period of Ten (10) years subsequent to that <br /> date upon which the Contractor shall leave the employment of the City for any reason <br /> whatsoever, disclose to any person or entity, other than in the discharge of the duties of <br /> the Contractor under this Agreement, any information which the City designates in <br /> writing as "confidential." As a violation by the Contractor of the provisions of this <br /> Section could cause irreparable injury to the City and there is no adequate remedy at law <br /> for such violation, the City shall have the right, in addition to any other remedies <br /> available to it at law or in equity, to enjoin the Contractor in a court of equity for <br /> violating such provisions. <br /> 13. NOTICES. All notices and other communications required or permitted to be <br /> given under this Agreement by either party to the other shall be in writing and shall be <br /> sent (except as otherwise provided herein) (i) by certified or registered mail, first class <br /> postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a <br /> nationally recognized courier service, or(iii)by facsimile with confirmation receipt(with <br /> a copy simultaneously sent by certified or registered mail, first class postage prepaid, <br /> return receipt requested or by overnight delivery by traditionally recognized courier <br /> service), addressed to such party as follows: <br /> 8 <br />
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