Laserfiche WebLink
DRAFT <br /> 17. No Third-Party Beneficiaries. This Note shall not benefit or be enforceable by any <br /> person or entity except the City and the Maker and their respective successors and assigns. <br /> is. Entire Agreement;Amendments. This Note,together with the Affordable Housing Resale <br /> Restrictions and the City Deed of Trust, sets forth the entire understanding between Maher and <br /> the City with respect to the subject matter hereof, Any previous representations,warranties, <br /> agreements, and understandings among the parties regarding the subject matter of the Affordable <br /> Housing Resale Restrictions,this Note and City Deed of Trust whether written or oral, are <br /> superseded by the terms of the Affordable Housing Resale Restrictions,this Note and the City <br /> Deed of Trust. This Note may be modified or amended only by a written instrument duly <br /> executed by City and Maher. <br /> 19. No City Waiver. Any waiver of any term or'provision of this Note must be in writing. <br /> No waiver of any breach, default or failure of condition under this Note or any other City <br /> Document shall be implied from City's failure'ordelay in declaring a default or exercising any of <br /> City's rights or remedies with respect to such breach;default or failure, or from,any previous <br /> waiver of any similar or unrelated breach, default or failure, nor shall acceptancc'by City of any <br /> payment hereunder constitute a waiver of City's right to require prompt payment of any <br /> remaining amounts owed. Without limiting the generality of the foregoing, City's failure or <br /> delay in declaring any amount due hereunder shall not constitute a waiver of City's right to <br /> declare such sum due for the same or any subsequent event that triggers Maker's payment <br /> obligations hereunder. <br /> 20. Severability. If at <br /> y provision of this Note shall be held by a court of competent <br /> jurisdiction.to be invalid,illegal or unenforceable, the validity, legality and enforceability of the <br /> remaining provisions of this Note shall not be affected or impaired thereby. <br /> 21. Controlling Law and Venue.The terms of this Note shall be interpreted under the laws of <br /> the State of California without regard to principles of conflicts of law. This Note was entered <br /> into and is to be performed in the'County of Orange, which is the exclusive venue for any action <br /> or dispute arising hereunder. <br /> 22. Cautions. All captions and headings in this Note are for the purposes of reference and <br /> convenience and shall be disregarded for all other purposes, including the construction or <br /> enforcement of any of the provisions of this Note. <br /> 23. Joint and Several. The obligations of each signatory to this Note shall be joint and <br /> several. <br /> 24. Time of the Essence. Time is of the essence with regard to all matters contained in this <br /> Note. <br /> MAKER and HOMEBUYER: <br /> Page 48 <br /> Exhibit C <br /> 5 5394.00101%43423 340.1 <br />