Agmt05 San Mateo, County of - Courthouse

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In the absence of such written notice, shall constitute an acceptance of the City's sUlTender of the Courthouse Square or constitute a termination of this Cooperative Agreement. 15.2.2 Upon such termination in writing, the County shall be entitled to recover possession of the Courthouse Square and to recover damages from the City for (i) the reasonable costs of recovering possession of the Courthouse Square, (ii) the reasonable cost of removing the City's personal property from the Courthouse Square, and (iii) such other amounts in addition to or in lieu of the foregoing as permitted ITom time to time by applicable law, including without limitation any other amount necessary to compensate the County for the detriment proximately caused by the City's failure to perform its obligations under this Cooperative Agreement which in the ordinary course of things would be likely to result thereITom. 15.2.3 The County may require the City to remove any and all alterations from the Courthouse Square, or, if City fails to do so within ten (10) days after the County's request, the County may do so at the City's expense. 15.2.4 The City hereby waives, for itself and all other persons claiming by and under the City, all rights and privileges which it might have under any present or future legal requirement to redeem the premises or to continue this Cooperative Agreement after being dispossessed or ejected from the Courthouse Square. 15.2.5 If the City defaults in the performance of any of its obligations under this Cooperative Agreement, then the County may, at its sole discretion, remedy such default for the City's account and at the City's expense by providing the City with three (3) days prior written notice of the County'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 County). Such action by the County shall not be construed as a waiver of such default or any rights or remedies of the County, and nothing herein shall imply any duty of the County to do any act that the City is obligated to perform. The City shall pay to the County on demand all costs, damages, expenses, or liabilities incUlTed by the County in remedying or attempting to remedy such default. The City's obligations under this Section shall survive the termination of this Cooperative Agreement. 15.3 Upon the OCCUlTence 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. REDW\OO07\DOC\001-13 FINAL Atty/ Agr/2005.006 042605 14 ... ---.---...- -....-....----- I '--"'r""""'-"'--'---'