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<br />incurred by the City exceeds the unpaid balance, then the Contractor shall pay the <br />difference to the City. This obligation for payment shall survive tennination of this <br />Agreement. <br /> <br />ARTICLE IX. MISCELLANEOUS <br /> <br />1. If the Contractor is not satisfied with the written decision of the City on <br />any timely-made claim, he may, within sixty (60) days after receipt of such written <br />decision, file an appropriate civil action against the City in a court of competent <br />jurisdiction for a judicial detennination of such claim. Any litigation between the <br />parties, whether arising out of any claim or arising out of the Contract Documents or <br />any breach thereof, shall be brought, maintained and pursued only in the appropriate <br />state courts of the State of Florida. Venue of any such litigation between the parties <br />shall lie only in the Circuit Court of Pasco County, Florida. Failure to timely file such civil <br />action within said sixty (60) day period shall conclusively constitute a waiver of such <br />claim and of any judicial proceedings on such claim, and the written decision of the City <br />shall then be binding on the Contractor. The Contractor shall proceed with the work at <br />all times during the pendency of any such civil action. The prevailing party in any <br />litigation will pay all costs and attorney's fees. <br /> <br />2. The parties bind themselves, their partners, successors, assigns and legal <br />representatives with respect to the tenns of this Agreement. Neither party shall assign <br />this Agreement without the prior written consent of the other. <br /> <br />3. This Agreement represents the entire agreement between the parties andtsupersedes prior negotiations, representations or agreements, either written or oral. <br />This Agreement may be amended only by written instrument signed by both parties. <br /> <br />9 <br />