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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947 -0606 phone (305) 949-3 1 13 Fax <br />17. GOVERNING LAW. This Agreement shall be construed and enforced in accordance <br />with federal law and, to the extent not preempted or inconsistent therewith, by the laws of the <br />State of Florida. <br />18, JURISDICTION. The Parties hereto agree that the state or federal courts located in the <br />State of Florida shall have the exclusive jurisdiction over the parties and the subject matter of <br />any litigation between the parties arising hereunder. Venue for any lawsuit brought by one party <br />against the other party or otherwise arising out of this Agreement, and for any other legal <br />proceeding except as otherwise required by law, shall be in Miami -Dade County. Florida, and, <br />in the event of federal jurisdiction, in the Southern District of Florida. The Bank and City each <br />agree that neither the Bank nor the City shall: (a) seek a jury trial in any lawsuit, proceeding, <br />counterclaim, or any other action based upon, or arising out of, the Agreement or any account or <br />the dealings between the Bank and City, or (b) seek to consolidate any such action with another <br />in which a jury trial cannot be or has not been waived. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the <br />day and year first written above. <br />Print Name <br />ATTEST: <br />B Q.r.� <br />Jane A. Hines. MMC, City Clerk <br />T.D. BANK, N.A. <br />Signature of Corp. rep. <br />Print name and title of Corp. rep. <br />CITY OF SUNNY ISLES BEACH <br />BY: <br />Orman S. Edelcup. Mayor <br />APPROVE "S TO FORM <br />AND LE:G7 %UFFICIENCY <br />199 <br />ttinot City Attorney <br />