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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (30S) 947-0606 phone (30S) 949-3113 Fax To: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Attn: A. John SzerIag, City Manager With a copy to: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Attn: Hans Ottinot, City Attorney Publication. SunGard reserves the right to publish certain information regarding this Agreement. Publication may include, but shall not be limited to, using Customer's name in a press release announcing this Agreement and listing Customer's name on SunGard's complete customer listing that is made available to other SunGard customers and potential customers. Headings. Numbered topical headings, articles, paragraphs, subparagraphs or titles in this Agreement are inserted for the convenience of organization and reference and are not intended to affect the interpretation or construction of the terms thereof. Non-Hiring Statement. During the term of this Agreement and for a period of twenty-four (24) months after the termination of this Agreement, the Customer may not offer to hire or in any way employ or compensate any of the employees of SunGard or persons who have been employed by SunGard within the immediate past twenty-four (24) months without prior consent of SunGard. Non-waiver. Waiver of any breach or default hereunder shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or of another provision of this Agreement. Use of Licensed Program(s) By or For the Benefit of Third Party Agencies. Customer acknowledges that use access by a third party is prohibited under Section VII of this Agreement and use for the benefit of a third party agency is prohibited as service bureau processing in Section Il(a) hereof. Upon agreement of SunGard and payment of associated fees related thereto, SunGard will I) permit the Licensed Program(s) to be accessed by a third party agency under the terms of SunGard's Agreement to Grant Permission to Allow Access to Software, which must be executed by any third party agency permitted to access the Licensed Program(s) or 2) will permit use of the Licensed Program(s) for the benefit of a third party agency under the terms of SunGard's Service Bureau Processing Addendum to this Agreement. Attorney's Fees. In the event that a lawsuit or legal action is instituted to enforce any terms or conditions of this Agreement, each party shall pay its own costs and attorney's fees, including pre- suit, trial and appellate proceedings, Entire Agreement. This Agreement and any Supplement(s) and/or Amendments to this Agreement constitute the entire Agreement between the parties, and there are no representations, conditions, 12 COS06-4S-1 SunGard Software License and Services Agreement SIB