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objection regarding such Disbursement Instruction made by CITY subsequent to execution of <br />this Agreement. <br />(k) Escrow Agent shall not incur liability for not performing any act or not fulfilling <br />any duty, obligation or responsibility hereunder by reason of any occurrence beyond the control <br />of Escrow Agent (including but not limited to any act or provision of any present or future law or <br />regulation or governmental authority, any act of God or war, terrorism or the unavailability of <br />the Federal Reserve Bank or other wire or communication facility). <br />(1) When Escrow Agent acts on any communication (including, but not limited to, <br />communication with respect to the delivery of securities or the wire transfer of funds) sent by <br />electronic transmission, Escrow Agent, absent gross negligence or willful misconduct, shall not. <br />be responsible or liable in the event such communication is not an authorized or authentic <br />communication of the party involved or is not in the form the patty involved sent or intended to <br />send (whether due to fraud, distortion or otherwise). Escrow Agent shall not be liable for any <br />losses, costs or expenses arising directly or indirectly from Escrow Agent's reasonable reliance <br />upon and compliance with such instructions notwithstanding such instructions conflict or are <br />inconsistent with a subsequent written instruction. CITY or OCFA, as the case may be, agrees to <br />assume all risks arising out of the use of such electronic transmission to submit instructions and <br />directions to Escrow Agent, including without limitation the risk of Escrow Agent acting on <br />unauthorized instructions, and the risk or interception and misuse by third parties. <br />(m) Escrow Agent shall furnish CITY and OCFA monthly cash transaction statements <br />which include detail for all investment transactions effected by the Escrow Agent or brokers <br />selected by CITY or any investment advisor. Upon CITY'S/OCFA's election, such statements <br />will be delivered via Escrow Agent's Online Trust and Custody service and upon electing such <br />service, paper statements will be provided only upon request. Statements will be deemed to be <br />correct and final upon receipt thereof by CITY and OCFA unless CITY or OCFA notifies <br />Escrow Agent in writing to the contrary within thirty Calendar Days of the date of such <br />statement. CITY and OCFA waive the right to receive brokerage confirmations of security <br />transactions effected by the Escrow Agent as they occur, to the extent permitted by law. CITY <br />and OCFA further understand that trade confirmations for securities transactions effected by <br />Escrow Agent will be available upon request and at no additional cost, and other trade <br />confirmations may be obtained from the applicable broker. <br />(n) Escrow Agent will not be under any duty to give the Escrow Property held by it <br />hereunder any greater degree of care than it gives its own similar property and will not be <br />required to invest any funds held hereunder except as directed in this Escrow Agreement. <br />Uninvested funds held hereunder will not earn or accrue interest. <br />Section 11. Notices. All notices, consents, requests, instructions, approvals and other <br />communications provided for in this Agreement shall be in writing, signed by each party's <br />Authorized Representative and sent by: (i) personal delivery, overnight delivery by a recognized <br />courier or delivery service, (ii) mailed by registered or certified mail, return receipt requested, <br />postage prepaid, or (iii) electronic transmission, which includes fax machine, email with an <br />imaged or scanned attachment (such as a pdf) or other similar electronic transmission, (receipt