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RecDoc 2009-095365
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RecDoc 2009-095365
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Last modified
8/12/2009 10:40:26 AM
Creation date
8/12/2009 10:20:03 AM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Mental Health Association of San Mateo County
Doc Num
2009-095365
Rec Date
7/16/2009
Address
Cedar Street parcel #053-188-080
Parties
Mental Health Association of SM County and RC Rede
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<br />said time limits}, such party shall not be deemed to be in default <br />hereunder. <br /> <br />b. The injured party shall give written notice of <br />default to the party in default, specifying the default complained <br />of by the nondefaulting party. Delay in giving such notice shall <br />not constitute a waiver of any default nor shall it change the time <br />of default. <br /> <br />c. Any failure or delays by any party in asserting any <br />of its rights and remedies as to any default shall not operate as a <br />waiver of any default or of any such rights or remedies. Delays by <br />any party in asserting any of its rights and remedies shall not <br />deprive either party of its right to institute and maintain any <br />actions or proceedings which it may deem necessary to protect, <br />assert or enforce any such rights or remedies. <br /> <br />Section 5.02. Legal Actions. <br /> <br />a. In addition to any other rights or remedies, any <br />party may institute legal action to cure, correct or remedy any <br />default, to recover damages for any default, or to obtain any other <br />remedy consistent with the purposes of this Agreement, except where <br />a remedy is indicated in this Agreement to be the sole remedy <br />available. Such legal 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 /> <br />b. The laws of the State of California shall govern the <br />interpretation and enforcement of this Agreement. <br /> <br />~. In the event that any legal action is commenced <br />against the Agency, service of process on the Agency shall be made <br />by personal service upon the Executive Director or Chairman of the <br />Agency, or in such other manner as may be provided by law. <br /> <br />d. In the even that any legal action is commenced <br />against the City, service of process on the City shall be made by <br />personal service upon the City Clerk, or in such other manner as <br />may be provided by law. <br /> <br />e. In the event that any legal action is commenced <br />against Participant, service of process on Participant shall be <br />made in such manner as may be provided by law, and shall be valid <br />when made within the State of California. <br /> <br />Section 5.03. Rights 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 /> <br />30 <br />
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