AgdaPkt 2002-12-09 - Laserfiche WebLink

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�.A- i3� - §803 Aoulicable Law -- ' The laws of the State of Califotnia shall govern the interpretation and enforcement of this Agreement. . §804 Acceotsnce of Service of Process _ . . If any legal action is commenced by Developer against the Agency and/or the City, service of process on the Agency shall be made by personal service upon the Executive Director of the Agency or the City Manager of the City, respectively, or in such other manaer as may be provided by law. If any legal actioa is commenced by the Agency and/or the City, against Developer, service of process on Developer shall be made by 5rst attempting personal service upon Developer at the addresses provided in Section 110 and then, if reasonable attempts at such service are unsuccessful, in such other manner as may be provided by law. §805 Riehts and Remedies are Cumulative Except where otherwise expressly stated in this Agreement, the rights and remedies of the parties aze cumularive, and the exercise or failure to exercise one or more of such rights or remedies by any party shall not preclude the exercise by it, at the same or diffetent times, of any other rights or remedies for the samc Default or any other Default by the other party hereto. §806 Inaction not a Waiver of Default Subject to any applicable statutes of limitation, any failure or delay by either party hereto in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. §807 Develouer's. Riehts to Terminate; Riahts and Duties Followine Termination A. A�encv or Citv Default or Aeency's Failure to Adopt Resolution of Necessiri. In addition to the Developer's rights to terminate set forth in Section 809, Developer shall have the right to terminate this Agreement by providing written no!ice of such termination in accordance with Section 1002 of this Agreement for any of the reasons set forth below: 1. The Agency does not tender title to �r possession of the Agency or Acquisition Pazcels in the manner and condition and by the date provided in the Schedule of Performance (as the same may be extended pursuant to Section 1004), and such failure is not the result of delays caused by Developer's failure to perform its obligations hereunder within the time provided in the Schedule of Performance (as the sa�e may be extended pursuant to Section 1004); or -- 2. Developer's condirions precedent to Close of Escrow set forth in Sections 402(B)(3), (7) and (8) have not timely been satis5ed or waived; or 35 DOCSSFI :648942.4 9975-5 C14 120502