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9. Attorney's Fees and Costs. <br />In the event that any action is instituted to enforce payment under this Promissory <br />Note, the Maker promises to pay all sums as a court may fix for court costs and <br />reasonable attorney's fees. <br />10. Non-Waiver. Failure or delay in giving any notice required hereunder <br />shall not constitute a waiver of any default or late payment, nor shall it change the time <br />for any default or payment. <br />11. Successors Bound. <br />This Promissory Note shall be binding upon the parties hereto and their respective <br />heirs, successors and assigns. <br />12. Severability. <br />The provisions hereof shall be deemed independent and severable, and a <br />determination of invalidity or unenforceability of any one provision or portion hereof by <br />a court of competent jurisdiction shall not affect the validity or enforceability of any other <br />provisions hereof. <br />13. Joint and Several Liability. <br />If this Note is executed by more than one person or entity as Maker, the obligation <br />of each such person or entity shall be joint and several. No person or entity shall be a <br />mere accommodation maker, but each shall be primarily and directly liable hereunder. <br />14. Time of the Essence; Venue. <br />Time is of the essence with respect to every provision hereof. This Note shall be <br />constructed and enforced in accordance with the laws of the State of California, except to <br />the extent that Federal laws preempt the law of the State of California, and all persons <br />and entities in any manner obligated under this Note consent to the jurisdiction of any <br />Federal of State Court within the State of California having proper venue and also <br />consent to service of process by any means authorized by California or Federal law. <br />"MAKER" <br />By: <br />