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07/27/2015 <br /> 7.3.A. - Page 24 <br /> and the remaining terms and provisions hereof shall not be invalidated but shall <br /> remain in full force and effect. <br /> 11.12 Waiver: Modification. No waiver or modification of this Loan Agreement or any <br /> covenant, condition, or limitation herein contained shall be valid unless in writing <br /> and duly executed by the Party to be charged therewith. No evidence or any <br /> waiver or modification shall be offered or received in evidence in any proceeding, <br /> arbitration, or litigation befinreen the Parties arising out of or affecting this Loan <br /> Agreement or the rights or obligations of any Party hereunder, unless such <br /> waiver or modification is in writing and duly executed as aforesaid. The <br /> provisions of this section may not be waived except as herein set forth. A waiver <br /> or breach of any covenant, condition or provision of this Loan Agreement shall <br /> not be deemed a waiver of any other covenant, condition or provision hereof. <br /> 11.13 Construction. The section headings and captions used in this Loan Agreement <br /> are for convenience of reference only and shall not modify, define, limit or amplify <br /> any of the terms or provisions hereof. This Loan Agreement shall not be <br /> construed as if it had been prepared by one of the Parties, but rather as if both <br /> Parties have prepared it. <br /> 11.14 Governinq Law and Venue. This Loan Agreement shall be governed by and <br /> construed in accordance with the laws of the State of California. Any action to <br /> foreclose upon, or enforce or interpret any of the provisions of this �oan <br /> Agreement shall be brought in San Mateo County. <br /> 11.15 Time of the Essence. Time is of the essence in this Loan Agreement as to each <br /> provision in which time is an element of performance. <br /> 11.16 Further Assurances. Each Party shall, upon reasonable request of the other <br /> Party, execute, acknowledge, and deliver, or cause to be executed, <br /> acknowledged, and delivered, such further instruments and documents as may <br /> be reasonably necessary in order to fulfill the intents and purposes of this Loan <br /> Agreement. <br /> 11.17 Counterparts. This Loan Agreement may be executed in counterparts, each of <br /> which shall be deemed an original, and all which together shall constitute one <br /> and the same instrument. <br /> (Signature Page FollowsJ <br /> ATTY/RE50.3085/CC RESO RWC FIRE SAFETY FIRST PILOT PROGRAM ATTACHMENT B-LOAN AGREEMENT <br /> REV:07-22-15 VR <br /> Page 9 of 12 <br /> OAK#4815-4791-7093 v1 <br /> 18 RESO.#15428 <br /> MUFF#705 <br />