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9. Time of the Essence, Time is of the essence in the performance of each provision <br />hereof: <br />10. Notices, Any notice, demand, request or other communication that any party hereto may <br />be required or may desire to give hereunder shall be in writing and shall be deemed to have been <br />properly given (a) if hand delivered, when delivered, (b) if mailed by United States mail, <br />certified or registeted,.postage prepaid, two (2) business days after .mailing, or (c) if by Federal <br />Express or other reliable overnight courier service, on the next business day after delivered to <br />such- courier service, at -the address set forth below or at such other address as the patty to be <br />served with notice may have furnished in writing to the party seeking or desiring to serve notice <br />as a place for the service of notice, <br />To Holder: City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P,O. Box 1988 <br />Santa Ana, CA 92701 <br />Attention: City Clerk <br />with a copy to: City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, CA 92701 <br />Attention: City Attorney <br />To Maker: Caribou Industries, lnc. <br />1103 North Broadway <br />Santa Ana, CA 92701 <br />Attention: Mike Harrah <br />with a copy to: Rutan & Tucker, LLP <br />18575 Jamboree Road, 9t" Floor <br />Irvine; CA 92612 <br />Attention: John A. Ramirez <br />11. Certain Waivers. Maker hereby waives for itself and any person or entity who now or <br />may hereafter become liable with respect to this Note, to the fullest extent permitted by law, <br />diligence, presentment, protest and demand, notice of dishonor and all other notices and demands <br />without in any way affecting the liability of Maker and any other person or entity who now or <br />may hereafter become liable with respect to this Note. Maker further waives, to the full extent <br />permitted by law, the right to plead any and all statutes of limitations and the right to require <br />Holder to marshal assets, <br />12, Severability. Every provision of this Note is intended to be severable. In the event any <br />term or provision hereof is declared by a court of competent jurisdiction to be illegal, invalid or <br />unenforceable for any reason whatsoever, such illegality, invalidity or unenforceability shall not <br />55394.00049\4088400.6 <br />