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9.A. - Page 44 <br /> c) nationally recognized overnight courier, in which case notice shall be deemed delivered <br /> one (1) day after deposit with such courier; or <br /> City: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, CA 94063 <br /> Attn: City Clerk <br /> Borrower: <br /> 12. Prepayment. Borrower may prepay this Note in full at any time without premium or penalty, <br /> so long as Borrower pays the entire outstanding principal balance together with any <br /> outstanding interest accrued and any other sums accrued hereunder. <br /> 13. Governing Law and Venue. This Note shall be construed in accordance with and be <br /> governed by the laws of the State of California. Any action brought to enforce the terms of <br /> this Note shall be in the Superior Court of California, County of San Mateo. <br /> 14. Severability. If any provision of this Note shall be held by a court of competent jurisdiction to <br /> be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining <br /> provisions hereof shall not in any way be affected or impaired thereby. <br /> 15. No Waiver by Lender; Remedies Cumulative. No waiver of any breach, default or failure <br /> of condition under the Note, the Loan Agreement, or the Deed of Trust shall be implied from <br /> Lender's failure or delay in declaring a default or exercising any of Lender's rights or remedies <br /> with respect to such breach, default or failure, or from any previous waiver of any similar or <br /> unrelated breach, default or failure. Without limiting the generality of the foregoing, Lender's <br /> failure to declare any amount due hereunder shall not constitute a waiver of Lender's right to <br /> declare such sum due in the event of any subsequent event that triggers Borrower's payment <br /> obligations hereunder. Any waiver of any term or provision of the Note, the Loan Agreement, <br /> or the Deed of Trust, or any of the obligations secured thereby must be made in writing and <br /> shall be limited to the express written terms of such waiver. The rights and remedies of the <br /> parties hereunder are cumulative, and the exercise or failure to exercise one or more of such <br /> rights or remedies by either party shall not preclude the exercise by it, at the same time or <br /> different times, of any right or remedy for the same default or any other default. <br /> 16. Joint and Several Obligations. If this Note is executed by more than one person as <br /> Borrower, the obligations of each shall be joint and several. <br /> 17. Assignment by Lender; Successors and Assigns. Lender may assign its rights to receive <br /> the proceeds under this Note to any person, and upon notice to Borrower of such assignment, <br /> all payments shall be made to the assignee. The promises and agreements herein contained <br /> shall bind and inure to the benefit of, as applicable, the respective heirs, executors, <br /> administrators, successors and assigns of the parties; provided however, Borrower may not <br /> assign this Note without Lender's written consent except in accordance with the Loan <br /> Agreement and the Deed of Trust. <br /> 18. Entire Agreement; Amendments in Writing. This Note, together with the Loan Agreement <br /> and the Deed of Trust sets forth the entire understanding and agreement of Borrower and <br /> ATTY/RESO.3085/CC RESO-RWC FIRE SAFETY FIRST PILOT PROGRAM ATTACHMENT B PROMISSORY NOTE <br /> REV:05-11-15 VR <br /> Page 3 of 4 <br />