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4. Controlling Law and Attorney's Fees. This Note shall be construed <br /> in accordance with and be governed by the laws of the State of California. The venue <br /> for any legal action pertaining to this Note shall be Alameda County, California. The <br /> prevailing party in any action brought to enforce the terms of this Note may recover <br /> from the other party its reasonable costs and attorney's fees expended in connection <br /> with such an action. <br /> 5. Severability. If any provision of this Note is deemed by a court of <br /> competent jurisdiction to be invalid, illegal or unenforceable, then the validity, legality <br /> and enforceability of the remaining provisions hereof shall not in any way be affected <br /> or impaired thereby. <br /> 6. Entire Agreement. This Note along with the LED Upgrade Cost <br /> Sharing Agreement forth the entire understanding and agreement of the City and the <br /> Borrower and any amendment, alteration or interpretation of this Note must be in <br /> writing signed by both the City and the Borrower. <br /> BORROWER: <br /> Valley Business Park Owners Association <br /> By: Jack O. Balch <br /> Its: Secretary of Board, and Authorized Agent <br /> per Board Approval <br /> CITY (LENDER): <br /> By: Nelson Fialho <br /> Its: City Manager <br /> Approved as to Form: <br /> Dan Sodergren, City Attorney <br /> City of Pleasanton <br />