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Exceptions City of Sunny Isles Beach 1 All of the information supplied, and Exhibits and Appendices , in connection with the response to RFP submitted on behalf of TD Bank, N.A. (“TD” and “Bank”) are, to the best of the TD representative’s actual knowledge, information, and belief, accurate and true and correct in all material respects with the exception of those items listed below, the compliance with which TD cannot accommodate and hereby requests a waiver. To the extent there are any inconsistencies between the obligations of TD, as set forth in the RFP, local ordinances and rules, and the subsequent contract for services (collectively, the “Contract Requirements”), the Cash Management Master Agreement for Banking Services, Business Deposit Account Agreement, as well as the rules, statutes, and regulations to which TD is required to adhere by virtue of its regulators and status as a national banking association (collectively, the “Banking Requirements”), the Banking Requirements shall supersede and govern and TD shall be held harmless as a result of its failure to comply with any inconsistent Contract Requirements. Page 5, Copyright/ Patent Rights This section is not applicable to this RFP and subsequent contract. Page 5, Disputes TD requests that the General Contract Provisions be revised to provide that for the purpose of City of Sunny Isles Beach, disputes shall be subject to the provisions of and/or resolved in accordance with the dispute resolution and/or similar provisions of the Cash Management Master Agreement (and associated service appendices). Page 5, Affirmative Action TD Bank and the Vendor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a), and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. Further, TD Bank and the Vendor agree to comply with 29 CFR Part 471, Appendix A to Subpart A. Page 6, Indemnification Due to a cost-benefit analysis undertaken by the Bank, TD's general policy dictates that the Bank is unable to indemnify its Customers. TD respectfully requests that its liability to the customer be governed by the relevant provisions of TD's Business Deposit Account Agreement and Cash Management Master Agreement. Proposed by: TD Bank, N.A.Page 92