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City of Sunny Lsles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947 -0606 phone (305) 949-3113 Fax <br />the City further agrees to indemnify and hold harmless the Bank, its agents or employees against <br />any claims or liability arising from or based upon the violation of any federal, state, county, or <br />city laws, by -laws, ordinances, or regulations by the City, its agents, servants or employees. <br />H. LIMITATION OF LIABILITY. Notwithstanding any other terms or provisions of <br />this Agreement, including the preceding Section 10, neither the City nor the Bank shall in any <br />event be liable to the other for any amount in excess of actual losses plus costs and reasonable <br />attorney's fees sustained by the injured party, and in no event shall either the City or the Bank <br />ever be liable hereunder or in any action in tort arising out of the Services or relationships to be <br />provided or established hereunder for any indirect, special, incidental, punitive or consequential <br />loss or damage of any kind, including lost profits or opportunities or damage to reputation, <br />arising therefrom whether or not advised of the possibility hereof. <br />12. NOTICES. All notices and other communications required or permitted to be given <br />under this Agreement by either party to the other shall be sent (except as otherwise provided <br />herein) in accordance with the Bank Forms of Agreement. as applicable. Notice given under the <br />Bank Forms of Agreement may be addressed to such party as follows: <br />If to the City: <br />Christopher J. Russo <br />With a copy to: <br />City Manager <br />Hans Ottinot <br />City of Sunny Isles Beach <br />City Attorney <br />18070 Collins Avenue <br />City of Sunny Isles Beach <br />Fourth Floor <br />18070 Collins Avenue <br />Sunny Isles Beach, Florida 33160 <br />Fourth Floor <br />Tel: (305) 792 -1701 <br />Sunny Isles Beach, Florida 33160 <br />Tel: (305) 792 -1702 <br />If to the Bank: <br />Pamela Ramkalawan <br />With a copy to: <br />Vice President <br />Einar Anderson <br />Government Banking <br />Senior Vice President & Senior <br />5900 N. Andrews Ave. <br />Counsel <br />Second Floor <br />P.O. Box 9540 <br />Fort Lauderdale, FL 33309 <br />Portland, ME 04112-9540 <br />Tel: (954) 233 -2064 <br />Tel: (207) 535 -3801 <br />13. CHANGES /AMENDMENTS. <br />(a) The City may, from time to time, request changes in the scope of set-vices of the Bank to <br />be performed hereunder. Such changes, which are mutually agreed upon by and between <br />the City and the Bank, may be incorporated into this Agreement via written amendments <br />to this Agreement. <br />(b) The fees and charges set forth for the Services to be provided to the City will begin on the <br />effective date of this Agreement, and shall not be increased for a period of five (5) years <br />