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15.3 Upon the occurrence of an Event of Default by the County, the City shall have all rights and remedies available in law or equity, including injunctive or declaratory relief, as well as a suit for damages incurred by the City. The City may, at its sole option, remedy a default by the County for the County's account and at the County's expense by providing the County with three (3) days prior written notice of the City's intention to cure such default (except that no such prior notice shall be required in the event of an emergency as reasonably determined by the City). Such action by the City shall not be construed as a waiver of such default or any rights or remedies of the City, and nothing herein shall imply any duty of the City to do any act that the County is obligated to perform. The County shall pay to the City on demand all costs, damages, expenses, or liabilities incurred by the City in remedying or attempting to remedy such default. The County's obligations under this Section shall survive the termination of this Cooperative Agreement. 15.4 Notwithstanding any language in this Cooperative Agreement to the contrary, in the event of a dispute between the Parties, including disputes which result in mediation, arbitration or litigation, there shall be no award of attorneys' fees to either Party. Section 16. Earthquake Damages. In the event that the Courthouse Square is damaged by an earthquake and the City fails or refuses to restore it, the County may terminate this Cooperative Agreement. If the Courthouse is damaged by an earthquake, the County will restore it to the extent covered by insurance. To the extent that such damage is not covered by insurance, the County will restore the Courthouse if funding is available, and the County and the City will meet and confer to seek to find funding sources. Section 17. Jurisdiction and Venue. Any action at law or in equity brought by any of the Parties for the purpose of enforcing a right or rights provided for by this Cooperative Agreement will be tried in a court of competent jurisdiction in the County of San Mateo, California, and the Parties hereby waive all provisions oflaw providing for a change of venue in these proceedings to any other county. Section 18. Successors and Assigns. It is mutually understood and agreed that this Cooperative Agreement will be binding upon the Parties and their respective successors and assigns. Section 19. Section Headings. Section headings as used herein are for convenience only and will not be deemed to be a part of the text of such sections and will not be construed to change the meanings thereof. REDW\0007\DOC\001-12 DRAFT 12 4/22/053:45/md 14 .. ".... _....---0 -.., "r '