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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 />it, at the same or different times, of any other rights or remedies <br />for the same default or any other default by another party. <br /> <br />Section 5.04. Rights and Remedies of Termination. <br /> <br />a. Termination by the Agency and/or the City. <br /> <br />1. Subj ect to wri tten notice of defaul t which <br />shall specify Participant's default and the action required to cure <br />same and upon thirty (30) days notice to Participant of the <br />Agency's and/or the Ci ty' s intent to terminate this Agreement <br />pursuant to this Section, the Agency and/or the City at its option <br />may terminate this Agreement if Participant in breach of this <br />Agreement assigns or attempts to assign this Agreement, or any <br />right therein, or attempts to make any total or partial sale, lease <br />or leaseback, transfer or conveyance of the whole or any part of <br />the Property or the improvements to be developed thereon in <br />violation of the terms of this Agreement, and Participant does not <br />correct such violation within thirty (30) days from the date of <br />receipt of such notice. <br /> <br />2. In addition to the above, the Agency and/or the <br />City may terminate this Agreement if Participant fails to satisfy <br />the conditions precedent set forth in Section 2.01(c) (i), relating <br />to securing of funding and financing commitments for the Project. <br /> <br />3. Subject to written notice of default, which <br />shall specify Participant's default and the action required to cure <br />same and upon thirty (30) days notice to Participant of the <br />Agency's intent to terminate this Agreement pursuant to this <br />Section, the Agency and/or the City at its option may terminate <br />this Agreement if Participant does not carry out its other <br />responsibilities under this Agreement and such default is not cured <br />or Participant does not commence and diligently and continuously <br />proceed with such cure within thirty (30) days after the date of <br />receipt of written demand therefor from the Agency and/or the City. <br /> <br />ARTICLE VI GENERAL PROVISIONS <br /> <br />Section 6.01. Notices, Demands and Communications Among <br />the Parties. <br /> <br />a. Any and all notices, demands or communications <br />submitted by any party to another party pursuant to or as required <br />by this Agreement shall be proper if in writing and dispatched by <br />messenger for immediate personal delivery, or by registered or <br />certified Uni ted States mail, postage prepaid, return receipt <br />requested, to the addresses of the Agency, the City and <br />Participant, as applicable, set forth in paragraph b. below. Such <br />written notices, demands and communications may be sent in the same <br />manner to such other addresses as either party may from time to <br /> <br />31 <br />
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