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A waiver of any term of the Promissory Note must be made in writing and shall be <br />limited to the express written terms of such waiver. <br />7. Attorney's Fees and Costs. Borrower agrees that if any amounts due under <br />this Promissory Note are not paid when due, to pay in addition to interest, if any, all <br />costs and expenses of collection and reasonable attorney fees paid or incurred in <br />connection with the collection or enforcement of this Promissory Note, whether or not <br />suit is filed. <br />8. Joint and Several Obligations. This Promissory Note is the joint and several <br />obligation of all makers, sureties, guarantors, and endorsers, and shall be binding upon <br />them and their successors and assigns. <br />9. No Offset. Borrower hereby waives any rights of offset it now has or may <br />hereafter have against City, its successors and assigns, and agrees to make the <br />payments called for herein in accordance with the terms of this Promissory Note. <br />10. Waiver. Borrower and any endorsers or guarantors of this Promissory Note, <br />for themselves, their heirs, legal representatives, successors and assigns, respectively, <br />severally waive diligence, presentment, protest, and demand, and notice of protest, <br />notice of dishonor and notice of non-payment of this Promissory Note, and expressly <br />waive any rights to be released by reason of any extension of time or change in terms of <br />payment, or change, alteration or release of any security given for the payments hereof, <br />and expressly waive the right to plead any and all statutes of limitations as a defense to <br />any demand on this Promissory Note or agreement to pay the same, and jointly and <br />severally agree to pay all costs of collection when incurred, including reasonable <br />attorneys' fees. <br />11. Notices. All notices required in this Promissory Note shall be sent by <br />certified mail, return receipt requested, express delivery service with a delivery receipt, <br />or personal delivery with a delivery receipt and shall be deemed to be effective as of the <br />date received, the date delivery was refused, or the date returned as undeliverable as <br />indicated on the return receipt, as follows: <br />To the Borrower: <br />To the City: <br />City of Pleasanton <br />123 Main Street <br />Pleasanton, CA 94566-0802 <br />Attn: City Manager <br />3 <br />