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38 <br />4859-3312-3005v4 <br />With a copy to: <br />Email: legal@enterprisecommunity.com <br />Attention: Chief Legal Officer <br /> <br /> With a copy to: <br /> <br />Craig A. Emden, Esq. <br />Bocarsly Emden Cowan Esmail & Arndt LLP <br />633 West Fifth Street, Suite 5880 <br />Los Angeles, California 90071 <br />Tel: (301) 634-0500; Fax: (213) 559-0747 <br />Email: cemden@bocarsly.com <br /> <br />With a copy to: Silicon Valley Bank, a division of First-Citizens Bank & Trust Company <br />222 2nd Street, 17th Floor <br />San Francisco, CA 94105 <br />Attention: Community Development Finance <br /> <br />Section 17.2 Interpretation. The terms of this Lease shall be construed in accordance <br />with the meaning of the language used and shall not be construed for or against any <br />Party by reason of the authorship of this Lease or any other rule of construction <br />which might otherwise apply. The Section headings are for purposes of convenience <br />only, and shall not be construed to limit or extend the meaning of this Lease. <br />Section 17.3 Modifications; No Waiver. This Lease shall not be modified or amended <br />in any respect, except by written instrument executed by the Parties. Any waiver <br />by Lessor of any term or provision of this Agreement must be in writing. No <br />waiver shall be implied from any delay or failure by Lessor to take action on any <br />breach or default hereunder or to pursue any remedy allowed under this Agreement <br />or applicable law. No failure or delay by Lessor at any time to require strict <br />performance by Lessee of any provision of this Agreement or to exercise any <br />election contained herein or any right, power or remedy hereunder shall be <br />construed as a waiver of any other provision or any succeeding breach of the same <br />or any other provision hereof or a relinquishment for the future of such election. <br />Section 17.4 Governing Law; Venue. This Lease, and the rights and obligations of the <br />Parties hereunder, shall be governed by and construed in accordance with the <br />substantive laws of the State of California without regard to conflict of law <br />principles. Venue for any dispute hereunder shall be in Alameda County, <br />California. <br />Section 17.5 Binding Effect. This Lease shall inure to the benefit of and be binding <br />upon the Parties hereto, their successors, administrators, executors and permitted <br />assigns, subject to the limitations on Transfer set forth herein and in the Regulatory <br />Agreement. <br />Page 118 of 428