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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 /> 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 /> 3.8 TIME IS OF THE ESSENCE. Time is of the essence with respect to every <br /> provision of this Note. <br /> Public Wi-Fi Installation 18 <br /> Loan Agreement <br />