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8 <br />Lender:City of San Leandro <br />City Hall <br />835 E. 14th Street <br />San Leandro, CA 94577 <br />Attn: City Manager <br />Borrower:Davis Street Family Resource Center <br />3081 Teagarden Street <br />San Leandro, CA 94577 <br />Attn: Executive Director <br />7.2 COUNTERPARTS. This Agreement may be executed in multiple counterparts <br />each of which shall be an original and all of which taken together shall constitute one and the <br />same instrument. <br />7.3 SEVERABILITY. If any term, provision, covenant or condition of this <br />Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the <br />remainder of the provisions shall continue in full force and effect unless the rights and <br />obligations of the Parties are materially altered or abridged by such invalidation, voiding or <br />unenforceability. <br />7.4 LEGAL ACTIONS; ATTORNEYS’ FEES. In the event any legal action is <br />commenced to interpret or to enforce the terms of this Agreement or to collect damages as a <br />result of any breach thereof, the Party prevailing in any such action shall be entitled to recover <br />against the other Party all reasonable attorneys’ fees and costs incurred in such action. <br />7.5 CAPTIONS; INTERPRETATION. The captions of the Sections and Articles of <br />this Agreement are for convenience only and are not intended to affect the interpretation or <br />construction of the provisions herein contained. The language of this Agreement shall be <br />construed as a whole according to its fair meaning and not strictly for or against any Party. Time <br />is of the essence in the performance of this Agreement. <br />7.6 FURTHER ASSURANCES. The Parties agree to execute, acknowledge and <br />deliver to the other such other documents and instruments, and take such other actions, as either <br />shall reasonably request as may be necessary to carry out the intent of this Agreement. <br />7.7 PARTIES NOT CO-VENTURERS. Nothing in this Agreement is intended to or <br />shall establish the Parties as partners, co-venturers, or principal and agent with one another. <br />7.8 GOVERNING LAW; VENUE. This Agreement shall in all respects be construed <br />and enforced in accordance with laws of the State of California without regard to principles of <br />conflicts of laws. The Parties consent to the jurisdiction of any federal or state court in the <br />jurisdiction in which the Property is located (the “Property Jurisdiction”). Borrower agrees <br />that any controversy arising under or in relation to this Agreement or any other Loan Document <br />shall be litigated exclusively in courts having jurisdiction in the Property Jurisdiction. Borrower <br />irrevocably consents to service, jurisdiction, and venue of such courts for any such litigation and