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EXCEPTIONS. NEITHER BANK NOR CUSCOMF,R <br />HAS AGRF,IiD WITH OR REPRESENTED TO THE <br />OTHER THAT THE PROVISIONS OF THIS SECTION <br />WILL NOT BF FULLY ENFORCED IN ALL <br />INST'ANC'ES. BANK AND CUSTOMER EACH <br />ACKNOWLEDGE THAT THIS WAIVER HAS BEEN <br />KNOWINGLY AND VOLUNTARILY MADE. The <br />provisions of this Section 28 shall survive termination of <br />this Agreement. <br />29. Beneficiaries. This Agreement is for the benefit <br />only of the undersigned parties hereto and is not intended to <br />and shall not be construed as granting any rights to or <br />otherwise benefiting any other person. <br />30. Recording of Communications. Customer and <br />Bank agree that all telephone conversations or data <br />transmissions between them or their agents made in <br />connection Nvith this Agreement may be recorded and <br />retained by either party by use of any reasonable means. <br />31. Facsimile Signature. The parties acknowledge <br />and agree that this Agreement and any Appendix or <br />Amended Appendices may be executed and delivered by <br />facsimile. and that a facsimile signature shall be treated as <br />and have the same force and effect as an original signature. <br />Notwithstanding the foregoing. Bank may, in its sole and <br />exclusive discretion. also require Customer to deliver this <br />Agreement and any Appendix or Amended Appendices <br />with an original signature for its records. <br />32. Relationship. Customer and Bank are not. and <br />Customer and Bank's licensors are not, partners. joint <br />venturers or agents of each other as a result of this <br />Agreement. <br />33. Section Headings. The section headings used in <br />this Agreement are only meant to organize this Agreement. <br />and do not in any way limit or define Customer's or Bank's <br />rights or obligations. <br />IN WITNESS WHEREOF, Customer and Bank have duly caused this Agreement, including all applicable Appendices, to be <br />executed by an Authorized Representative. <br />CITY OF SUNNY ISLES BEACH <br />(Customer) <br />18070 Collins Avenue <br />Sunny Isles Beach, Florida 33160 <br />(A ddress) Q� <br />(Signaitu e of Authorized Representative) <br />Print Name:C 1 y, \>t -i k r 3, R\1-55i3 <br />Title: C tj h %K.(Z— <br />TD BANK, N.A. <br />By: ?Q-M . <br />(Signature) <br />Print Name: -�.Mg gL <br />Title: y'tctZ eve <br />({i7913G971 1, 11 1!6' 06 /3 <br />