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Section 113. City Remedies. In the event of a breach of this Agreement, its invalidation <br />(whether by a court of law or referendum), and/or termination, in addition to any remedies <br />provided herein, the City may, in its sole discretion, institute appropriate actions to withhold, <br />condition, suspend or revoke any legislative action, permit, license, or other entitlement for the <br />Project Approvals, including without limitation final inspections for occupancy and/or certificates <br />of occupancy, in accordance with the requirements of the City's Municipal and Zoning Code, it <br />being understood that nothing herein is intended to limit the City's rights to exercise its police <br />powers. <br />Section 11.4 Legal Actions. <br />A. Institution of Legal Actions. In addition to any other rights or remedies, a <br />Party may institute legal action to cure, correct, or remedy any Default, to enforce any covenants <br />or agreements herein, to enjoin any threatened or attempted violation thereof, or to obtain any other <br />remedies consistent with the terms of this Agreement. This Agreement shall be construed and <br />enforced in accordance with the laws of the State of California, without reference to choice of law <br />provisions. The exclusive venue for any disputes or legal actions shall be the Superior Court of <br />California in and for the County of San Mateo, except for actions that include claims in which the <br />Federal District Court for the Northern District of the State of California has original jurisdiction, <br />in which case the Northern District of the State of California shall be the proper venue. <br />B. Acceptance of Service of Process. In the event that any legal action is <br />commenced by Developer against City, service of process on City shall be made by personal <br />service upon the City Clerk of City or in such other manner as may be provided by law. In the <br />event that any legal action is commenced by City against Developer, service of process on <br />Developer shall be made by personal service upon Developer's registered agent for service of <br />process, or in such other manner as may be provided by law. <br />Section 11.5 Rights and Remedies Are Cumulative. The rights and remedies of the <br />Parties are cumulative, and the exercise by a Party of one or more of such rights or remedies shall <br />not preclude the exercise by it, at the same or different times, of any other rights or remedies for <br />the same Default or any other Default by the other Party, except as otherwise expressly provided <br />herein. <br />Section 11.6 No Damages. In no event shall a Party, or its boards, commissions, <br />members, officers, agents, or employees, be liable in damages for any Default under this <br />Agreement, it being expressly understood and agreed that the sole legal remedy available to a Party <br />for a breach or violation of this Agreement by another Party shall be an action in mandamus, <br />specific performance, or other injunctive or declaratory relief to enforce the provisions of this <br />Agreement by the other Party, or to terminate this Agreement. This limitation on damages shall <br />not preclude actions by City to enforce payments of monies or the performance of obligations <br />requiring an obligation of money from the Developer under the terms of this Agreement including, <br />but not limited to, obligations to pay attorneys' fees and obligations to advance monies or pay <br />funds under Article 2. In connection with the foregoing provisions, each Party acknowledges, <br />warrants and represents that it has been fully informed with respect to, and represented by counsel <br />35 <br />ATTY/AG R/2024.193 -GATEKEEPER DA -1900 BROADWAY <br />REV: 10-22-24 VR <br />