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<br />IV. MERCHANT SERVICES TERMS AND CONDITIONS <br /> <br />A. Section 2.01 (B) of the Terms and Conditions is hereby removed and replaced in its entirety with the <br />following: <br /> <br />Merchant will provide BA with updated business and financial information concerning Merchant, <br />including evidence of required licenses and other information and documents BA may reasonably <br />request from time to time. All material marked "confidential" which BA receives from Merchant <br />will be used only by BA or Card Organizations in performing services under this Agreement or <br />related services and reporting. At any reasonable time, BA or any Card Organization may audit <br />Merchant's records relating to this Agreement. <br /> <br />B. Section 14 of the Terms and Conditions is hereby deleted. <br /> <br />C. Section 18.01 of the Terms and Conditions is hereby removed and replaced in its entirety with the <br />following: <br /> <br />SECTION 18.0 I FLORIDA LAW APPLIES. <br />Florida law, as applied to agreements made and performed entirely in Florida without reference to <br />conflict of laws provisions, governs this Agreement. <br /> <br />E. The heading and all the provisions constituting Section 24 "Continuing Guarantee" are hereby <br />deleted in their entirety. <br /> <br />V. NOTICES <br /> <br />A. Any notice required or permitted to be given under this Participation Agreement by one party to the <br />other shall be in writing and shall be given and deemed to have been given if hand-delivered, <br />delivered by telephonic facsimile transmission equipment and confirmed by telephone with an <br />original mailed or hand-delivered thereafter, or mailed by certified or registered mail with postage <br />prepaid to the party or their successor at the address specified as follows: <br /> <br />The Entity: <br /> <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />Sunny Isles Beach, FL 33160 <br />Attention: Legal Department <br />Facsimile Number: (305) 792-1562 <br /> <br />The Contractor: <br /> <br />BA Merchant Services, LLC <br />1231 Durret Lane <br />Louisville, Kentucky 40213 <br />Attention: Contract Management <br />Facsimile Number: (502) 315-2271 <br /> <br />B. All such notices shall be deemed given when received, as evidenced by the signed acknowledgment <br />of receipt of the person to whom such notice or communication shall have been delivered by hand, <br />the document transmission summary generated by the telephonic facsimile transmission equipment, <br />or the acknowledgment of receipt returned to sender by the United States Post Office, if such receipt <br />is requested. <br /> <br />I I 89553/v7 <br /> <br />2 <br />