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right, power or privilege, and no single or partial exercise of any such right, power or <br />privilege by City will preclude any other or further exercise of such right, power or <br />privilege or the exercise of any other right, power or privilege. To the maximum extent <br />permitted by applicable law (a) no claim or right of City arising out of this Note can be <br />discharged by City, in whole or in part, by a waiver or renunciation of the claim or right <br />unless in a writing, signed by City; (b) no waiver that may be given by City will be <br />applicable except in the specific instance for which it is given; and (c) no notice to or <br />demand on Owner will be deemed to be a waiver of any obligation of Owner or of the <br />right of City to take further action without notice or demand as provided in this Note. <br />Owner hereby waives presentment, demand, protest, notices of dishonor and of protest <br />and all defenses and pleas on the grounds of any extension or extensions of the time of <br />payment or of any due date under this Note, in whole or in part, whether before or after <br />maturity and with or without notice. <br />3.2. NOTICES. Any notice required or permitted to be given hereunder shall <br />be given in accordance with Section 7.1 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 governed by the laws of <br />the State of California without regard to principles of conflicts of laws. All persons and <br />entities in any manner obligated under this Note agree that any action to enforce or <br />interpret this Note shall be litigated exclusively in courts having jurisdiction in Alameda <br />County. Borrower irrevocably consents to service, jurisdiction, and venue of such <br />courts for any such litigation and waives any other venue to which it might be entitled by <br />virtue of domicile, habitual residence or otherwise. <br /> <br />3.5 PARTIES IN INTEREST. This Note shall bind Owner and its successors <br />and assigns and shall accrue to the benefit of City and its successors 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 Owner and City <br />under this Note is solely that of borrower and lender, and the loan evidenced by this <br />Note will in no manner make City the partner or joint venturer of Owner. <br /> <br />3.8 TIME IS OF THE ESSENCE. Time is of the essence with respect to every <br />provision of this Note. <br /> <br />Public Wi-Fi Installation <br />Loan Agreement <br /> <br />18