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LOAN AND SECURITY AGREEMENT <br />Page6of7 <br />17.2.1 If to the Company, addressed as follows: Orange County Small Business Loan <br />Program Company, Post Office Box 1177, Hillsborough, NC 27278; or, <br /> 17.2.2 If to the Borrower, addressed to the address shown below the Borrower’s signature <br />to this Agreement. <br />17.3 Any addressee may designate additional or different addresses for communications by notice <br />given under this Section to each of the others. <br />18. The Borrower shall not sell or assign any interest in this Agreement. <br />19. The parties intend to limit disclosure of confidential information and trade secrets to the fullest <br />extent of the law. Any use of confidential information shall be for the benefit of the Borrower. <br />Notwithstanding anything in the foregoing to the contrary, the Company may disclose confidential <br />information pursuant to any governmental, judicial, or administrative order, subpoena, discovery <br />request, regulatory request or similar method. <br />20. The parties intend that North Carolina law shall govern this Agreement. If any provision of this <br />Agreement shall be determined to be unenforceable, that shall not affect any other provision of this <br />Agreement. If the date for making any payment or the last day for performance of any act or the <br />exercising of any right shall not be a business day, such payment shall be made or act performed <br />or right exercised on or before the next preceding business day. The parties agree that time is of <br />the essence of this Agreement. <br />21. This Agreement, together with the documents referenced in this Agreement, constitutes the entire <br />agreement between the Borrower and the Company with respect to its general subject matter. <br />Only a writing signed on behalf of each party may amend this Agreement. <br />22. This Agreement may be executed in two or more counterparts, each of which shall be deemed an <br />original, but all of which together shall constitute one and the same instrument. For purposes <br />hereof, a facsimile copy of this Agreement, including the signature pages hereto, shall be deemed <br />to be an original. Notwithstanding the foregoing, the parties shall deliver original execution copies <br />of this Agreement to one another as soon as practicable following execution thereof. <br />IN WITNESS WHEREOF,the parties have duly signed, sealed and delivered this Agreement in <br />duplicate originals as of the day and year first above written. <br />[SEAL] ORANGE COUNTY SMALL BUSINESS <br />LOAN PROGRAM COMPANY <br />_______________________________________ By: _________________________________ <br />Secretary-Treasurer Date President Date <br />Approved as to technical content: <br />_______________________________________ <br />Steve Brantley Date <br />Economic Development Director <br />DocuSign Envelope ID: 13893DB1-E609-41AD-9B91-B891B8DC7CA8