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11 <br /> <br /> <br /> Borrower: MTLG, LLC <br /> c/o Louis A. Rigaud <br /> 2539 Grant Avenue <br /> San Leandro, CA 94579 <br /> <br /> <br />7.2 COUNTERPARTS. This Agreement may be executed in multiple <br />counterparts each of which shall be an original and all of which taken together shall <br />constitute one and the 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 <br />unenforceable the remainder of the provisions shall continue in full force and effect <br />unless the rights and obligations of the Parties are materially altered or abridged by <br />such invalidation, voiding, or 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 <br />as a result of any breach thereof, the Party prevailing in any such action shall be entitled <br />to recover against the other Party all reasonable attorneys’ fees and costs incurred in <br />such action. <br />7.5 CAPTIONS; INTERPRETATION. The captions of the Sections and <br />Articles of this Agreement are for convenience only and are not intended to affect the <br />interpretation or construction of the provisions herein contained. The language of this <br />Agreement shall be construed as a whole according to its fair meaning and not strictly <br />for or against any Party. Time is of the essence in the performance of this Agreement. <br />7.6 FURTHER ASSURANCES. The Parties agree to execute, acknowledge, <br />and deliver such other documents and instruments, and take such other actions as <br />either shall reasonably request may be necessary to carry out the intent of this <br />Agreement. <br />7.7 PARTIES NOT CO-VENTURERS. Nothing in this Agreement is intended <br />to or shall establish the Parties as partners, co-venturers, or principal and agent with <br />one another. <br /> 7.8 GOVERNING LAW; VENUE. This Agreement shall in all respects be <br />construed and enforced in accordance with the laws of the State of California without <br />regard to principles of conflicts of laws. The Parties consent to the jurisdiction of any <br />federal or state court in the jurisdiction in which the Property is located (the “Property <br />Jurisdiction”). Borrower agrees that any controversy arising under or in relation to this <br />Agreement or any other Loan Document shall be litigated exclusively in courts having <br />jurisdiction in the Property Jurisdiction. Borrower irrevocably consents to service, <br />jurisdiction, and venue of such courts for any such litigation and waives any other