Agmt90 DDA Sequoia Station - Laserfiche WebLink

Browse Search

JAH:djm 03/06/90R (REDEV) JAH:djm 03/19/90R JAH:djm 04/04/90R legal actions must be instituted in the Superior Court of the County of San Mateo, State of California. §1003 Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this Agreement. §1004 Acceptance of Service of Process In the event that any legal action is commenced by the Developer against the Agency, service of process on the Agency shall be made by personal service upon the Executive Director or in such other manner as may be provided by law. In the event that any legal action is commenced by the Agency against the Developer, service of process on the Developer shall be made by first attempting personal service upon the Project Manager and then, if such reasonable attempts are unsuccessful, in such other manner as may be provided by law, and shall be valid whether made within or without the State of California. §1005 Rights and Remedies are Cumulative Except where otherwise expressly stated in this Agreement, the rights and remedies of the parties are cummulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other party. §1006 Inaction not a Waiver of Default Subject to any applicable statutes of limitation, any failure or delay by either party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. §1007 Developer's Right to Terminate Prior to Conveyance In the event that prior to conveyance of title to the Acquisition Parcels to the Developer: A. The Agency does not tender title to or possession of the Acquisition Parcels in the manner and condition and by the date provided in the Schedule of Performance, and such failure is the result of a refusal by the Agency (not based on its good faith evaluation of the testimony at the Need and Necessity Hearing) to use its power of eminent domain, and such failure is not cured by the Agency within thirty (30) days after the date of written demand therefor; or 36