Contract
Maker shall pay to Payee all reasonable costs, expenses, charges, disbursements and attorneys’ fees incurred by Payee following an Event of Default in collecting, enforcing or protecting this Note or any other Security Documents or protecting the Collateral, whether incurred in or out of court, including appeals and bankruptcy proceedings. Xxxxx and Maker hereby agree to trial by court and irrevocably agree to waive jury trial in any action or proceeding (including but not limited to any counterclaim) arising out of or in any way related to or connected with this Note or any other Security Document, the relationship created thereby, or the origination, administration or enforcement of the indebtedness evidenced and/or secured by this Note or any other Security Document. This Note has been delivered to Payee and accepted by Payee in the State of California and shall be governed and construed generally according to the laws of said State except to the extent that creation, validity, perfection or enforcement of any liens or security interests securing this Note are governed by the laws of another jurisdiction. Venue of any action brought pursuant to this Note or any other Security Document, or relating to the indebtedness evidenced hereby or the relationships created by or under the Security Documents shall, at the election of the party bringing the action, be brought in a State or United States federal court in San Francisco, California. Maker and Xxxxx each waives any objection to the jurisdiction of or venue in such court and to the service of process issued by such court and agrees that each may be served by any method of process described in the California Rules of Civil Procedure or Federal Rules of Civil Procedure. Maker and Xxxxx each waives the right to claim that such court is an inconvenient forum or any similar defense. If, in any jurisdiction, any provision of this Note or the Security Documents shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such holding shall not affect any other provisions of this Note or the Security Documents, and this Note or the Security Documents shall be construed, to the extent of such invalidity, illegality or unenforceability (and only to such extent) as if any such provision had never been contained herein. Any such holding of invalidity, illegality or unenforceability in one jurisdiction shall not prevent valid enforcement of any affected provision if allowed under the laws of another relevant jurisdiction. No waiver by the holder of any payment or other right under this Note or the Security Documents shall operate as a waiver of any other payment or right. As used in this Note, the term “person” shall include, but is not limited to, natural persons, corporations, partnerships, trusts, joint ventures and other legal entities, and all combinations of the foregoing natural persons or entities, and the term “obligation” shall include any requirement to pay any indebtedness and/or perform any promise, term, provision, covenant or agreement included or provided for in this Note or any other Security Document. 2 |
Executed by the undersigned the year and day first above written. |
Xxxxx.xxx, Inc. —————————————— Xxxxxxx X. Xxxx, Chief Executive Officer |
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