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Exceptions Page 12, Extension TD requests that the option to renew shall be upon the mutual written agreement of both parties. Page 13, Termination TD is unable to accept the termination provision as stated. Further, TD requests the right to negotiate the conditions of termination. Page15, Breach TD Bank partners with our Customers to take every action to safeguard their financial information and assets using the latest tools, encryption and software that can actually enhance our effectiveness. The Bank has appropriate measures in place to respond immediately with comprehensive investigations by our security teams in partnership with law enforcement. Protecting customer information is a top priority for the bank. Page 15, Confidentiality TD requests that this provision be modified to allow it to provide information to its regulators, auditors, accountants, attorneys and consultants, if required and as appropriate, without liability or notice to the City of Sunny Isles Beach. Page 15, Key Personnel This engagement concerns traditional banking services and products. Accordingly, TD is unable to identify “key personnel” as described here, as the scope and nature of work involved will necessarily be performed by any number and variety of branch and/or back-office personnel. Page 78, Conflict of Interest While TD does not specifically track or monitor individuals who have a close familial or financial relationship with a member of City of Sunny Isles Beach, all employees annually acknowledge their obligations to avoid activities or circumstances, which create conflicts between personal interests and their responsibilities as employees; as well, as their responsibility to adhere to policies and procedures contained in the TD Bank Employee Handbook and the TD Bank Group Code of Conduct & Ethics, which govern potential conflicts between TD's interests and those of other stakeholders. Page 78, Litigation TD is a financial institution which is from time to time involved in litigation and which incurs claims, liens and debts in the ordinary course of business, none of which have a material impact on the financial condition of TD or on TD’s ability to perform under the proposed contract. City of Sunny Isles Beach is welcome to review TD’s publically available Consolidated Financial Statements, including associated management discussions and analyses, for more information on this topic, including any material changes in TD’s financial condition and operating results that may be associated with various reporting periods. Page 83, Compliance with Laws TD Bank is a national bank and reserves its rights to operate under the terms of its national bank charter. As such, TD will comply with all applicable laws not preempted by the National Bank Act or related regulations. Proposed by: TD Bank, N.A.Page 94