Laserfiche WebLink
constitute a waiver of a default under this Note or prevent Agency from exercising any <br />of its other rights or remedies. <br />3. MISCELLANEOUS <br />3.1 WAIVER; AMENDMENT. No waiver by Agency of any right or remedy <br />under this Note shall be effective unless in a writing signed by Agency. Neither the <br />failure nor any delay in exercising any right, power or privilege under this Note will <br />operate as a waiver of such right, power or privilege, and no single or partial exercise of <br />any such right, power or privilege by Agency will preclude any other or further exercise <br />of such right, power or privilege or the exercise of any other right, power or privilege. <br />No waiver that may be given by Agency will be applicable except in the specific instance <br />for which it is given. No notice to or demand on Borrower will be deemed to be a waiver <br />of any obligation of Borrower or of the right of Agency to take further action without <br />notice or demand as provided in this Note. To the maximum extent permitted by <br />applicable law, Borrower hereby waives presentment, demand, protest, notices of <br />dishonor and of protest and all defenses and pleas on the grounds of any extension or <br />extensions of the time of payment or of any due date under this Note, in whole or in <br />part, whether before or after maturity and with or without notice. There shall be no <br />amendment to or modification of this Note except by written instrument executed by <br />Borrower and Agency. <br />3.2 NOTICES. Any notice required or permitted to be given hereunder shall <br />be given in accordance with Section 11.3 of the Loan Agreement. <br />3.3 SEVERABILITY. If any provision in this Note is held invalid or <br />unenforceable by any court of competent jurisdiction, the other provisions of this Note <br />will remain in full force and effect. Any provision of this Note held invalid or <br />unenforceable only in part or degree will remain in full force and effect to the extent not <br />held invalid or unenforceable. <br />3.4 GOVERNING LAW; VENUE. This Note shall be construed and enforced <br />in accordance with the laws of the State of California without regard to principles of <br />conflicts of law. Any legal action filed in connection with this Note sha11 be filed in the <br />Superior Court of Alameda County, California, or in the Federal District Court for the <br />Northern District of California. <br />3.5 PARTIES IN INTEREST. This Note shall bind Borrower and its <br />successors and assigns and shall accrue to the benefit of Agency and its successors <br />and assigns. <br />3.6 SECTION HEADINGS, CONSTRUCTION. The headings of Sections in <br />this Note are provided for convenience only and will not affect its construction or <br />interpretation. <br />3.7 RELATIONSHIP OF THE PARTIES. The relationship of Borrower and <br />Agency under this Note is solely that of borrower and lender, and the loan evidenced by <br />121039]-4 <br />