CARIBOU INDUSTRIES (13) - Laserfiche WebLink

Home Browse Search

affect the balance of the terms and provision hereof, which terms and provisions shall remain binding and enforceable, and this Note shalt be construed as if such illegal, invalid or unenforceable provision had not been contained herein. 13. Interpretation. In this Note, the singular shall include the plural and the maseuline- gender shall include the feminine and neutor genders, and vice versa, if the context so requires. The captions and headings in this Note are merely for convenience and substantively are not a part of this Note. 14. U.S. Dollars. All sums payable hereunder shall be payable in the lawful money of the United States of America, 15. Governing Law. This Note is governed by the law of the State of California, without giving effect to conflicts of laws principles. 16. Enforcement Costs. in the event of (a) any action or proceeding that involves the protection, preservation or enforcement of Holder's rights or Maker's obligations under this Note (including, but not limited to, Holder's defense of any action by Maker in connection with the loan evidenced hereby), (b) Holder's collection or enforcement without, institutionof litigation proceedings, or (c) Holder's participation in any proceeding which is authorized under the terms of this Note, Holder shall be entitled to payment, upon demand, from Maker of all costs and expenses associated therewith, including reasonable attorneys' fees and litigation expenses. Maker will pay Holder, upon demand, all reasonable attorneys' fees and expenses incurred in the representation of Holder in any aspect of any bankruptcy or insolvency proceeding initiated by or on behalf of Maker that concerns any of its obligations to Holder under this Note. In the event of a judgment against one party concerning any aspect of this Note, the right to recover post - judgment attorneys' fees incurred in enforcing the judgment shall not be, merged into and extinguished by any money judgment. The provisions of this Section constitute a distinct and severable agreement fibm the other contractual rights created by this Note. [Signatures on foiiowingpage] 55194.00049W0884170,6