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7. MAXIMUM WITHDRAWAL LIMIT & SURCHARGE <br />The maximum withdrawal limit per transaction and ATM Consumer Fees shall be in accordance with the <br />attached submitted Proposal Pricing Form. No other fees will be charged. <br />8. TERMINATION <br />The parties agree that this agreement may be cancelled by either party with 30 days written notice. Upon <br />removal of the ATM, the ATM Owner is not responsible for restoring the County's property to its pre- <br />installation condition (i.e. replacing flooring), unless caused by negligence or intentional damage. <br />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 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 assign <br />this agreement to a third -party ATM provider approved by the County prior to the assignment date. Any <br />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 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 />180127th Street, Vero Beach, FL 32960 180027 th Street, Vero Beach, FL 32960 <br />109 <br />