Ord04 2265 - Laserfiche WebLink

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7.07 Rights and Remedies Cumulative; No Waiver. (a) Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties hereunder are cumulative, and the exercise or failure to exercise one or more of such rights or remedies by either party shall not preclude the exercise by it, at the same time or different times, of any right or remedy for the same default or any other default. (b) Upon the occurrence of an event of default, the parties may pursue all other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements, expressly including the remedy of specific performance of this Agreement. 7.08 Reasonable Approvals. Unless the context indicates otherwise, where an action under this Agreement requires approval of a party, such approval shall not be unreasonably withheld. 7.09 Applicable Law. This Agreement shall be interpreted under and pursuant to the laws of the State of California. Any action concerning this Agreement shall be commenced in the Superior Court for the County of San Mateo, subject to the provisions of Code of Civil Procedure section 394. 7.10 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability. 7.11 Legal Actions. In the event any legal action is commenced to interpret or to enforce the terms of this Agreement or to collect damages as a result of any breach thereof, the party prevailing in any such action shall be entitled to recover against the party not prevailing all reasonable attorneys' fees and costs incurred in such action. 7.12 Binding Effect: Due Authorization. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest and assigns of each of the parties hereto. Any reference in this Agreement to a specifically named party shall be deemed to apply to any successor, heir, administrator, executor or assign of such party who has acquired an interest. Developer hereby represents and warrants that all actions necessary on the part of Developer to authorize the execution of this Agreement and to undertake the actions contemplated hereby 1289\02\ 175277 .12 15