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SECTION 7.09 BORROWER NO AGENT Except as City may specify in writing, BORROWER <br />shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an <br />agent. BORROWER shall have no authority, express or implied, pursuant to this AGREEMENT to bind <br />the City to any obligation whatsoever. <br />SECTION 7.10 PRIOR AGREEMENTS SUPERSEDED This AGREEMENT together with the <br />PROMISSORY NOTE, PERSONAL SECURITY AGREEMENT, SECURITY AGREEMENT, <br />EMPLOYMENT AGREEMENT, AND REGULATORY AGREEMENT, constitutes the only agreement of <br />the parties and supersedes any prior understandings or written or oral agreements between the parties <br />respecting the subject matter of this AGREEMENT. <br />ARTICLE VI11: PREPAYMENT <br />The BORROWER has the ability to prepay the principal balance of the LOAN, at any time or <br />from time to time, in whole or in part without premium or penalty. Any prepayment of principal must <br />be accompanied by interest accrued but unpaid hereunder to the date of receipt of prepayment. <br />Prepayments shall be applied first to accrued but unpaid interest and then to principal in reverse <br />chronological order of installment maturity dates under the PROMISSORY NOTE. <br />IN WITNESS WHEREOF, the parties hereto have each caused this AGREEMENT to be duly executed <br />as of the day and the year first written above. <br />: eRi <br />Address: <br />Ronald Johnson <br />593 Dutton Avenue <br />San Le dro, CA 94577 <br />BY: <br />Ronald Johnson,_Antiquities <br />LENDER: <br />City of San Leandro <br />ADDRESS: <br />Department of Development Services <br />835 East 14th Street <br />San Leandro, CA 94577 <br />SIGNATURE: <br />manis, City Manager <br />APPROVED AS <br />TO FORM: <br />St en R. <br />APPROVED AS,--/ <br />TO BUDGET: <br />Tim Hansen, Finance Director <br />Loan Agreement Page 11 of 11 <br />