8932-17 Authorize three-year loan to Western Reserve Distillers

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other remedies outlined, that remedy is effective immediately upon default of any of the obligations pursuant to this Agreement. ARTICLE VII- MISCELLANEOUS Section 7.01 Waivers The City's failure or delay in exercising any right, power, or remedy hereunder shall not operate as a waiver thereof. The City's single or partial exercise of any such right, power or remedy shall not preclude any other or further exercise thereof of the exercise of any other right, power or remedy hereunder. No modification or waiver of any provision of the Loan Documents, nor any consent to any departure by Borrower therefrom, shall in any event be effective or established by a court, custom, or course of dealing unless the same is in writing and executed by Borrower and the City. Such waiver of consent shall be effective only for the specific purpose for which it was given or limited to the particular breach so waived. Notice to or demand on Borrower in one instance shall not entitle Borrower to any other further notice or demand in other circumstance. Section 7.02 Agreement Amendments Borrower and the City hereby expressly reserve all rights to amend or to consent to, or waive, departure from any provisions of the Loan Documents and to release or otherwise deal with any collateral security for the payment of the Note; provided, however, that the Borrower must receive the prior written approval of the City and that all such amendments shall be in writing and executed by Borrower and the City. Section 7.03 Notices and Communications All notices, consents, requests, demands and other communications required hereunder shall be in writing and shall be deemed to have been duly given to a party hereto if mailed as follows: If to the City, by certified mail, prepaid, at: City of Lakewood Department of Planning & Development 12650 Detroit Avenue Lakewood, Ohio 44107 Attn: Bryce Sylvester, Director With a copy to: City of Lakewood Page 15 of 19