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9 . LIABILITY INSURANCE AND INDEMNIFICATION <br /> ATM Owner shall insure the ATM and the cash used to load it . ATM Owner shall name the County as an <br /> additional insured party under its commercial general liability insurance policy and supply the County with <br /> proof of insurance . ATM Owner shall indemnify and hold harmless the County from all suits , actions or <br /> claims including reasonable attorney ' s fees, of any character brought on account of any injuries or damages <br /> received or sustained by any person, persons, or property by or from the use of the ATMs or by <br /> or in <br /> consequence of any liability losses, misconduct or negligent act or omission of ATM Owner its agents or <br /> employees in connection with the operation of the ATMs . <br /> 10 . ASSIGNMENT OF AGREEMENT <br /> If ATM Owner is unable to provide the services outlined in this agreement, ATM Owner has the right to <br /> assign this agreement to a third-party ATM provider approved by the County prior to the assignment date . <br /> Any assignment would be for the same terms and conditions as the original agreement . <br /> 11 . VENUE <br /> This agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by <br /> either party against the other party or otherwise arising out of this agreement shall be in Indian <br /> River <br /> County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern <br /> District of Florida. <br /> 12 . ATM LOCATIONS <br /> One ( 1 ) ATM is to be located on the first floor at each of the following locations : <br /> Indian River County Indian River County <br /> Administration Building "A" Administration Building ` B " <br /> 180127 1h Street, Vero Beach, FL 32960 180027 1h Street, Vero Beach, FL 32960 <br /> IN WITNESS WHEREOF , the undersigned duly authorized representatives of the parties have executed <br /> this ATM Installation and Maintenance Agreement . •• �SSIONEg4444 <br /> 004 , 0064 <br /> , . <br /> ATM OWNER •� <br /> rh ; <br /> Oc a Bank <br /> : moi gig; <br /> r" k it ifth Indian River County, Flori � ; <br /> uthor' O e Pri e) % <br /> Signatur f Authorized Officer Bob Solari, BCC Chairman ojAaRoo " " •,< <br /> . . ANrrrrar •• an <br /> Witnessed b Approved by BCC August 16 , 2011 <br /> Attest : <br /> I <br /> ROV D Jef y on, Cler rc urt <br /> it <br /> ph A . Baird, County Administrator Deputy Clerroved as to Fo e al Sufficiency <br /> BY <br /> County Att e j� Lit- <br />