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DRAFT Loan Agreement between City and SLUSD [v2, 011513] <br /> <br />1293335-1 <br /> <br /> <br /> <br />8 <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 <br />exercise of any such right, power or privilege by City will preclude any other or <br />further exercise of such right, power or privilege or the exercise of any other right, <br />power or privilege. There shall be no amendment to or modification of this Note <br />except by written instrument executed by City and District. <br />3.2 NOTICES. Any notice required or permitted to be given hereunder <br />shall be given in accordance with Section 13 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 <br />Note 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 <br />not held invalid or unenforceable. <br />3.4 GOVERNING LAW; VENUE. This Note shall be construed and <br />enforced in accordance with the laws of the State of California without regard to <br />principles of conflicts of law. Any legal action filed in connection with this Note shall <br />be filed in the Superior Court of Alameda County, California. <br />3.5 SECTION HEADINGS, CONSTRUCTION. The headings of Sections <br />in this Note are provided for convenience only and will not affect its construction or <br />interpretation. <br />3.6 RELATIONSHIP OF THE PARTIES. The relationship of District and <br />City under this Note is solely that of borrower and lender, and the loan evidenced by <br />this Note will in no manner make District the partner or joint venturer of City. <br /> <br /> IN WITNESS WHEREOF, District has executed and delivered this Note as of <br />the date first written above. <br /> <br />San Leandro Unified School District: <br /> <br /> <br /> By: ________________________ <br /> Superintendent of Schools <br /> <br /> <br /> <br /> <br />