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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />10.4 This Agreement may not be assigned except in conjunction with permitted assignment of <br />the SunGard Software License and Services Agreement. <br /> <br />10.5 Waiver of any breach or default hereunder shall not constitute a continuing waiver or a <br />waiver of any subsequent breach either of the same or of another provision of this <br />Agreement. <br /> <br />10.6 This Agreement shall be governed by laws of the State of Florida. Each party hereto <br />agrees to submit to the personal jurisdiction and venue of the state and/or federal courts <br />in or for Miami-Dade County, Florida for resolution of all disputes in connection with <br />this Agreement. <br /> <br />10.7 In the event that a lawsuit or legal action is instituted to enforce any terms or conditions <br />of this Agreement, each party shall pay its own costs and attorney's fees, including pre- <br />suit, trial and appellate proceedings. <br /> <br />10.8 Any notice required or permitted to be given under this Agreement, shall be sufficient if <br />in writing and if sent by registered or certified mail, by overnight express, or by hand <br />delivery to SunGard or the City of Sunny Isles Beach at the addresses set forth as follows <br />or to any other address of which notice of the change is given to the Parties hereto. A <br />notice shall be deemed received, regardless of any refusal of delivery, upon hand <br />delivery, two (2) business days after posting in United States Mail, or one (1) business <br />day after dispatch by overnight courier:provided for herein shall be in writing and sent by <br />registered or certified mail, postage prepaid, addressed to the party for which it is <br />intended at the address set forth on the first page of this Agreement or to such other <br />address as either party shall from time to time indicate in writing. Any such notice <br />deemed to be effective upon receipt or five (5) days from the date of the mailing <br />whichever occurs first. <br /> <br />To: SunGard HTE Inc. <br />1000 Business Center Drive <br />Lake Mary, Florida 32746 <br />Attn: Gil Santos, President and CEO <br /> <br />To: City of Sunny Isles Beach <br />18070 Collins Avenue <br />Sunny Isles Beach, Florida 33160 <br />Attn: A. John Szerlag, City Manager <br /> <br />With a copy to: <br /> <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />Sunny Isles Beach, Florida 33160 <br />Attn: Hans Ottinot, City Attorney <br /> <br />11 <br /> <br />C0506-45-2 SunGard Licensed Program(s) Support Consultant Agreement <br /> <br />SIB <br />