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Agmt99 Peninsula Habitat... (2)
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Agmt99 Peninsula Habitat... (2)
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Last modified
8/28/2012 3:07:56 PM
Creation date
5/19/2005 1:12:24 PM
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Template:
Agreement
Contractor Name
Peninsula Habitat for Humanity
PROJECT NAME
422 & 430 Lincoln Avenue
RMP File Number
304
Date
1/28/1999
Reso Ref
13546
Box
5900
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� � <br /> remedy consistent with the purposes of this Agreement, except where <br /> a rem�dy is indicated in this Agreement to be the sole remedy <br /> available. Such leqal 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 /> Section 5 . 03. Riahts and Remedies are Cumulative. <br /> Except with respect to any rights and remedies expressly declared <br /> to be exclusive in this Agreement, the rights and remedies of the <br /> parties are cumulative and the exercise by either party of one or <br /> more of such ri.ghts or remedies shall not preclude the exercise by <br /> it, at the same or different times, of any other rights or remedies <br /> for the same default or any other default by the other party. <br /> Section 5 . 04 . Reserved. <br /> Section 5 . 05. Reserved. <br /> Section 5 . 06. Rights and Remedies of Termination. <br /> a. Termination bv the Aaencv. <br /> l . Subject to written notice of default which <br /> shall specify the Developer' s default and the action required to <br /> � � cure same and upon thirty (30) calendar days notice to the <br /> � I <br /> � � Developer of the Agency' s intent to terminate this Agreement <br /> " pursuant to this Section, the Agency a� its option may terminate <br /> � this Agreement if the Developer in breach of this Agreement assigns <br /> or attempts to assign this Agreement, or any right therein, or <br /> attempts to make any total or partial sale, lease or leaseback, <br /> REDW\0006\DOC\013-6 <br /> 3 6 3/08/05 mvc <br />
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