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City gfSunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947 -0606 phone (305) 949-3113 Fax <br />after commencement of the term of this Agreement. For any renewal term beyond the <br />initial five (5) year period, fees and charges may be renegotiated between the parties. <br />(c) The Bank may amend the Bank Forms of Agreement where such amendments apply to <br />all or substantially all of the Bank's Cash Management Services customers, except to the <br />extent that any such amendments contravene any provisions of this Agreement or the <br />provisions of the Bank Forms of Agreement that the parties previously amended, <br />customized or otherwise specially - negotiated. Bank may provide notice to the City of <br />such amendments in accordance with the provisions of the Bank Forms of Agreement. <br />The City may terminate this Agreement or the Bank Forms of Agreement, including any <br />associated Appendix(ces), immediately upon its receipt of notice of an amendment that is <br />not acceptable to the City. <br />14. EQUAL EMPLOYMENT OPPORTUNITY; NON- DISCRIMINATION. <br />The Bank will not discriminate against any employee or an applicant for employment because of <br />race, color, religion, sex, national origin, marital status, or handicap. The Bank shall take <br />affirmative action to ensure that applicants are employed and that employees are treated fairly <br />during employment without regard to race, color, religion, sex, national origin, marital status, or <br />handicap. <br />Such action shall include, but not be limited to, the following: Employment, upgrading, <br />demotions or transfers, recruitment or recruitment advertising; layoff or terminations; rates of <br />pay or other forms of compensation; selection for training including apprenticeship; and <br />participation in recreational and educational activities. <br />The Bank shall keep such records and submit such reports concerning racial and ethnic origin of <br />applicants for employment and employees as the Secretary of Labor of the United States <br />requires. The Bank agrees to comply with such rules, regulations and guidelines as the Secretary <br />may issue to implement these requirements. Each party respectively shall comply with all <br />applicable laws, ordinances and codes of Federal, State and local governments applicable to that <br />Party. <br />15. MATERIALITY AND WAIVER OF BREACH. City and Bank agree that each <br />requirement, duty and obligation set forth herein was bargained for at arms - length, is agreed to <br />by the parties, that each is substantial and important to the formation of this Agreement and that <br />each is, therefore, a material term hereof. City's failure to enforce any provision of this <br />Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A <br />waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any <br />subsequent breach and shall not be construed to be a modification of the terms of this <br />Agreement. <br />16. SEVERANCE. 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 />6 <br />