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<br />To Owner: <br /> <br /><<Owner Name>> <br /><<Owner St Add1>> <br /><<Owner St Add2>> <br /><<Owner_City>>, <<Borrower_State>> <<Borrower_Zip>> <br />Attn: <<Owner Attm> <br /> <br />To City: <br /> <br />City of Sunny Isles Beach, Florida <br />c/o City Manager <br />17070 Collins Avenue <br />Suite 250 <br />Sunny Isles Beach, FL 33160 <br /> <br />17. WAIVER OF JURY TRIAL. <br /> <br />OWNER AND CITY EACH HEREBY KNOWINGLY, VOLUNTARILY AND <br />INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY WITH <br />RESPECT TO ANY CONTROVERSY OR CLAIM, WHETHER ARISING IN TORT OR <br />CONTRACT OR BY STATUTE OR LAW, BASED HEREON, OR ARISING OUT OF, <br />UNDER OR IN CONNECTION WITH, THIS INDEMNITY (INCLUDING, WITHOUT <br />LIMITATION, THE VALIDITY, INTERPRETATION, COLLECTION OR ENFORCEMENT <br />HEREOF), OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS <br />(WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY IN CONNECTION <br />HEREWITH. EACH PARTY ACKNOWLEDGES AND AGREES THAT NO <br />REPRESENTATIONS OF FACT OR OPINION HAVE BEEN MADE BY ANY PERSON <br />TO INDUCE THIS WAIVER OF TRIAL BY JURY OR TO IN ANY WAY MODIFY OR <br />NULLIFY ITS EFFECT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR <br />OWNER ENTERING INTO, AND CITY'S ACCEPTING, THIS INDEMNITY AND THE <br />PARTIES WOULD NOT HAVE ENTERED INTO OR ACCEPTED THIS INDEMNITY <br />WITHOUT THIS WAIVER. CITY AND OWNER ARE EACH HEREBY AUTHORIZED <br />TO FILE A COPY OF THIS SECTION 17 IN ANY PROCEEDING AS CONCLUSIVE <br />EVIDENCE OF THIS WAIVER OF JURY TRIAL. <br /> <br />18. Consent to Jurisdiction. <br /> <br />Owner hereby consents to the jurisdiction of any state or federal court located <br />within the Governing State in any suit, action or proceeding brought under or arising out <br />of this Indemnity (and further agrees not to assert or claim that such venue is <br />inconvenient or otherwise inappropriate or unsuitable) and waive personal service of <br />any and all process upon it and consent that all service of process be made by certified <br />mail directed to Owner at the address set forth in this Indemnity. <br /> <br />19. Rules of Construction. <br /> <br />28520513.10309020050P 95173993 <br /> <br />8 <br />