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cure, correction or remedy are specifically set forth in this <br /> Agreement, then within said time limits) , such party shall not be <br /> deemed to be in default hereunder. <br /> b. The injured party shall give written notice of <br /> default to the party in default, specifying the default complained <br /> of by the nondefaulting party. Delay in giving such notice shall <br /> not constitute a waiver of any default nor shall it change the time <br /> of default . <br /> c . Any failure or delays by either party in asserting <br /> any of its rights and remedies as to any default shall not operate <br /> as a waiver of any default or of any such rights or remedies . <br /> Delays by either party in asserting any of its rights and remedies <br /> shall not deprive either party of its right to institute and <br /> maintain any actions or proceedings which it may deem necessary to <br /> protect, assert or enforce any such rights or remedies . <br /> Section 5 . 02 . Legal Actions . <br /> a. In addition to any other rights or remedies, either <br /> party may institute legal action to cure, correct or remedy any <br /> default, to recover damages for any default, or to obtain any other <br /> remedy consistent with the purposes of this Agreement, except where <br /> a remedy is indicated in this Agreement to b� the sole remedy <br /> available. Such legal actions must be instituted in the Superior <br /> Court of the County of San Mateo, State of California or in the <br /> Federal District Court in the Northern District of California. <br /> Notwithstanding any other language in this Agreement to the <br /> contrary, in the case where any claim by the Developer is covered <br /> by the terms of the Title Policy, the Developer agrees to look <br /> solely to the Title Company and payment under the title policy for <br /> its remedy. <br /> b. The laws of the State of California shall govern the <br /> interpretation and enforcement of this Agreement . <br /> c . In the event that any legal action is commenced by <br /> the Developer against the Agency, service of process on the Agency <br /> shall be made by personal service upon the Executive Director or <br /> Chairman of the Agency, or in such other manner as may be provided <br /> by law. <br /> d. In the event that any legal action is commenced by <br /> the Agency against the Developer, service of process on the <br /> Developer shall be made in such manner as may be provided by law, <br /> and shall be valid when made within the State of California. <br /> REDW\0006\DOC\013-7 <br /> 3 6 1\11\08 940 law <br />