FOR COLLATERAL.
BANK HAS NO OBLIGATION TO CLEAN UP OR
OTHERWISE PREPARE THE COLLATERAL FOR SALE. SO LONG AS BANK COMPLIES WITH
REASONABLE BANKING PRACTICES, SHALL NOT LIABLE FOR: (A) THE SAFEKEEPING OF THE
COLLATERAL; (B) ANY LOSS OR DAMAGE TO THE COLLATERAL; (C) ANY DIMINUTION IN THE
VALUE OF THE COLLATERAL; OR (D) ANY ACT OR DEFAULT OF ANY CARRIER, WAREHOUSEMAN,
BAILEE, OR OTHER PERSON.
EXCEPT AS SPECIFICALLY SET FORTH IN THE PRECEDING
SENTENCE, ALL RISK OF LOSS, DAMAGE OR DESTRUCTION OF THE COLLATERAL SHALL BE
BORNE BY BORROWER.
9.6
NO OBLIGATION TO PURSUE OTHERS.
BANK HAS NO OBLIGATION TO ATTEMPT TO
SATISFY THE OBLIGATIONS BY COLLECTING THEM FROM ANY OTHER PERSON LIABLE FOR THEM
AND BANK MAY RELEASE, MODIFY OR WAIVE ANY COLLATERAL PROVIDED BY ANY OTHER
PERSON TO SECURE ANY OF THE OBLIGATIONS, ALL WITHOUT AFFECTING BANK'S RIGHTS
AGAINST BORROWER.
BORROWER WAIVES ANY RIGHT IT MAY HAVE TO REQUIRE BANK TO
PURSUE ANY OTHER PERSON FOR ANY OF THE OBLIGATIONS.
9.7
REMEDIES CUMULATIVE.
BANK'S RIGHTS AND REMEDIES UNDER THIS AGREEMENT, THE
LOAN DOCUMENTS, AND ALL OTHER AGREEMENTS SHALL BE CUMULATIVE.
BANK SHALL HAVE
ALL OTHER RIGHTS AND REMEDIES NOT INCONSISTENT HEREWITH AS PROVIDED UNDER THE
CODE, BY LAW, OR IN EQUITY.
NO EXERCISE BY BANK OF ONE RIGHT OR REMEDY SHALL BE
DEEMED AN ELECTION, AND NO WAIVER BY BANK OF ANY EVENT OF DEFAULT ON BORROWER'S
PART SHALL BE DEEMED A CONTINUING WAIVER.
NO DELAY BY BANK SHALL CONSTITUTE A
WAIVER, ELECTION, OR ACQUIESCENCE BY IT.
NO WAIVER BY BANK SHALL BE EFFECTIVE
UNLESS MADE IN A WRITTEN DOCUMENT SIGNED ON BEHALF OF BANK AND THEN SHALL BE
EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE FOR WHICH
IT WAS GIVEN.
BORROWER EXPRESSLY AGREES THAT THIS SECTION 9.7 MAY NOT BE WAIVED
OR MODIFIED BY BANK BY COURSE OF PERFORMANCE, CONDUCT, ESTOPPEL OR OTHERWISE.
9.8
DEMAND; PROTEST.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, BORROWER
WAIVES DEMAND, PROTEST, NOTICE OF PROTEST, NOTICE OF DEFAULT OR DISHONOR, NOTICE
OF PAYMENT AND NONPAYMENT AND ANY OTHER NOTICES RELATING TO THE OBLIGATIONS.
10.
NOTICES.
UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, ALL NOTICES OR DEMANDS BY ANY PARTY
RELATING TO THIS AGREEMENT OR ANY OTHER AGREEMENT ENTERED INTO IN CONNECTION
HEREWITH SHALL BE IN WRITING AND (EXCEPT FOR FINANCIAL STATEMENTS AND OTHER
INFORMATIONAL DOCUMENTS WHICH MAY BE SENT BY FIRST-CLASS MAIL, POSTAGE PREPAID)
SHALL BE PERSONALLY DELIVERED OR SENT BY A RECOGNIZED OVERNIGHT DELIVERY
SERVICE, CERTIFIED MAIL, POSTAGE PREPAID, RETURN RECEIPT REQUESTED, OR BY
TELEFACSIMILE TO BORROWER OR TO BANK, AS THE CASE MAY BE, AT ITS ADDRESSES SET
FORTH BELOW:
IF TO BORROWER:
RADVIEW SOFTWARE, INC.
7 NEW ENGLAND EXECUTIVE PARK
BURLINGTON, MA 01803
ATTN: CHIEF FINANCIAL OFFICER
FAX: (781) 238-8875
WITH A COPY TO:
FULBRIGHT & JAWORSKI L.L.P.
666 FIFTH AVENUE
NEW YORK, NY
ATTN: NEIL GOLD
FAX: (212) 318-3400
IF TO BANK:
COMERICA BANK
2321 ROSECRANS AVE., SUITE 5000
EL SEGUNDO, CA 90245
ATTN: MANAGER
FAX: (310) 297-2290
WITH A COPY TO:
COMERICA