Laserfiche WebLink
<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 /> <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 /> <br />Section 5.03. Riqhts 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 rights 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 /> <br />Section 5.04. Reserved. <br />Section 5.05. Reserved. <br />Section 5.06. Riqhts and Remedies of Termination. <br /> <br />a. <br /> <br />Termination bv the Aqencv. <br /> <br />1. 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 />Developer of the Agency's intent to terminate this Agreement <br />pursuant to this Section, the Agency at 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 />transfer or conveyance of the whole or any part of the Property or <br />the improvements to be developed thereon in violation of the terms <br />of this Agreement, and the Developer does not correct such <br />violation within thirty (30) calendar days from the date of receipt <br />of such notice. <br /> <br />2. In addition to the above, the Agency may <br />terminate ,this Agreement if Developer fails to satisfy the <br />condition precedents set forth in Section 2.02 (c) (1), relating to <br />securing of funding and financing commitments for the Project. <br /> <br />3. 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 /> <br />39 <br /> <br />REDW\0006\DOC\001-7 <br />3/29/05 3:15 /rove <br />