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11
City of Pleasanton
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CITY CLERK
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2009
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042109
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11
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4/15/2009 11:38:01 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
4/21/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
11
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d. Filing by Bon~ower of a voluntary pctition in bankruptcy sccking reorganization, <br />arrangement or readjustment of debts, or any other relief under the Bankruptcy <br />Code as amended or under any other insolvency act or law, state or federal, now <br />or hereafter existing. <br />e. Filing of an involuntary pctition against Bon~owcr in bankruptcy sccking <br />reorganization, arrangement or readjustment of debts, or any other relief under the <br />Bankruptcy Code as amended, or under any other insolvency act or law, state or <br />federal, now or hereafter existing, and the continuance thereof for sixty (60) days <br />undismisscd, unbondcd, or undischarged. <br />7. REMEDIES. Upon the occurrence of an event of default as defined above, Lender may <br />declare the entire unpaid principal balance, together with accrued interest thereon, to be <br />immediately due and payable without presentment, demand, protest, or other notice of any kind. <br />Lender may suspend or terminate any obligation it may have hereunder to make additional <br />Advances. To the extent permitted bylaw, Borrower waives any rights to presentment, demand, <br />protest, or notice of any kind in connection with this Agreement. No failure or delay on the part <br />of Lender in exercising any right, power, or privilege hereunder will preclude any other or <br />fwther exercise thereof or the exercise of any other right, power, or privilege. "fhe rights and <br />remedies provided herein arc cumulative and not exclusive of any other rights or remedies <br />provided at law or in equity. Borrower agrees to pay all costs of collection incur cd by reason of <br />the default, including court costs and reasonable attorney's tees. <br />8. NOTICE. Any written notice will he deemed effective on the date such notice is placed, <br />first class, postage prepaid, in the United States mail, addressed to the party to which notice is <br />being given as follows: <br />Lender: City of Pleasanton <br />l23 Main Street, P. O. Box 520 <br />Pleasanton, CA 94566-0802 <br />Attn.: City Manager <br />Bon~owcr: Pleasanton Unified School District <br />4665 Bernal Avcnuc <br />Pleasanton, CA 94566-7498 <br />Attn.: Superintendent <br />9. GENERAL PROVISLONS. All representations and warranties made in this Loan <br />Agreement and the Promissory Note and in any certificate delivered pursuant thereto shall <br />survive the execution and delivery of this Loan Agreement and the making of any loans <br />hereunder. This Loan Agreement will be binding upon and inure to the benefit of Borrower and <br />Lcndcr, their respective successors and assigns, except that Borrower may not assign or transfer <br />its rights or delegate its duties hereunder without the prior written consent of Lcndcr. This Loan <br />Agreement, the Promissory Note, and all documents and instruments associated herewith will be <br />3- <br />
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