Reso 1997-071 to 075 - Laserfiche WebLink

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SECTION 7.02 AMENDMENTS - WRITING REQUIRED The LENDER hereby expressly reserves all rights to amend any provisions of this AGREEMENT, to consent to or waive any departure from the provisions of this AGREEMENT, to amend or consent to, or waive departure from the provision of the PROMISSORY NOTE, and to release or otherwise deal with any collateral security for payment of the PROMISSORY NOTE provided, however, that all such amendments be in writing and executed by the LENDER and the BORROWER. SECTION 7.03 NOTICES All notices, consents, requests, demands, and other communications hereunder shall be in writing and shall be deemed to have been duly given to a party hereto if mailed by certified mail, prepaid, sent by Federal Express, or sent by facsimile machine (with original document sent by certified mail) to the LENDER at its address set forth at the end of this AGREEMENT, and to the BORROWER at the address set forth at the end of this AGREEMENT or at such other addresses as any party may have designated in writing to any other party hereto. This section does not limit other means of delivering written notice if said notices are actually received. SECTION 7.04 EXHIBITS All exhibits, documents, and agreements mentioned in this AGREEMENT shall be deemed incorporated herein by reference as though fully set forth herein. SECTION 7.05 SUCCESSORS AND ASSIGNS This AGREEMENT shall be binding upon the BORROWER, its Successors, and Assigns, except that the BORROWER may not assign or transfer its rights without prior written consent of the LENDER. This AGREEMENT shall inure to the benefit of the LENDER and, except as otherwise expressly provided in particular provisions hereof, all subsequent holders of the PROMISSORY NOTE. BORROWER acknowledges that the LENDER contemplates and may assign the PROMISSORY NOTE, and this AGREEMENT and consents to such assignment. SECTION 7.06 COUNTERPARTS The PROMISSORY NOTE, DEED OF TRUST, PERSONAL SECURITY AGREEMENT, CDBG EMPLOYMENT AGREEMENT, REGULATORY AGREEMENT and this AGREEMENT may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTION 7.07 WAIVER Failure by LENDER at any time to require performance by BORROWER of any of the provisions of this AGREEMENT shall in no way affect LENDER's rights hereunder to enforce the same, nor shall any waiver by LENDER of any breach hereof be held to be a waiver of any succeeding breaches or a waiver of this non -waiver clause. SECTION 7.08 PROJECT ASSURANCES The BORROWER hereby assures and certifies that he or she will comply with all regulations, policies, guidelines and requirements as they relate to the City of San Leandro Small Business Loan Fund and to those requirements imposed by the City of San Leandro and the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. Loan Agreement Page 10 of 11