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<br /> 4 <br />11. Miscellaneous Provisions. <br /> <br />(a) All notices to City or Developer shall be given in the manner and <br />at the addresses set forth in the DDA, or to such addresses as City and Developer may therein <br />designate. <br /> <br />(b) Developer promises to pay all costs and expenses, including <br />reasonable attorney's fees, incurred by City in the enforcement of the provisions of this Note, <br />regardless of whether suit is filed to seek enforcement. <br /> <br />(c) This Note may not be changed orally, but only by an agreement in <br />writing signed by the party against whom enforcement of any waiver, change, modification or <br />discharge is sought. <br /> <br />(d) This Note shall be governed by and construed in accordance with <br />the laws of the State of California. <br /> <br />(e) The times for the performance of any obligations hereunder shall <br />be strictly construed, time being of the essence. <br /> <br />(f) This document, together with the City Loan Documents, contains <br />the entire agreement between the parties as to the City Loan. It may not be modified except <br />upon written consent of the parties. <br /> <br /> <br />IN WITNESS WHEREOF, Developer hereby executes this Promissory Note as of the <br />day and year first above written. <br /> <br /> <br />CAL-COAST COMPANIES LLC, INC., <br />a Delaware corporation <br /> <br />By: _______________________________ <br /> Edward J. Miller <br />Title: Authorized Signatory <br /> <br /> <br /> <br />5247421.2 <br />