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AgdaPkt 2003-06-23
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AgdaPkt 2003-06-23
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Last modified
6/2/2011 2:45:19 PM
Creation date
6/19/2003 1:23:43 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
6/23/2003
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,`�- 9 <br />cumulative remedy, the College, for itself, its legal <br />representatives, successors and assigns, agrees that the Agency, <br />its successors and assigns, shall have the right and power to <br />institute and prosecute any proceeding at law or in equity to <br />enforce any covenants and agreements herein contained and to <br />enjoin the threatened or attempted violation thereof by the <br />College, its legal representatives, successors and assigns <br />and /or to collect damages from the aforesaid, whomsoever of <br />which may violate said covenants and agreements; and, in <br />addition, the College for itself, its legal representatives, <br />successors and assigns does hereby grant the Agency such right <br />and power to institute and prosecute such proceedings. <br />b. The remedies for the benefit of the Agency set <br />forth in this section shall be in addition to any and all other <br />remedies available to the Agency under this Agreement or as a <br />matter of law. The parties acknowledge and agree that the <br />Agency may exercise any and all legal and equitable remedies <br />available to the Agency under the laws of the State of <br />California to enable the Agency to exercise the rights of the <br />Agency hereunder and to enforce the provisions of this <br />Agreement. <br />C. The College further agrees to pay upon written <br />demand of the Agency all reasonable third -party costs, fees and <br />expenses of the Agency including, but not limited to, reasonable <br />attorneys' fees, court costs and costs attributable to Agency <br />staff time, incurred in connection with any enforcement by the <br />Agency of the provisions of this Section or the seeking of any <br />remedies legally available to the Agency related to this <br />Agreement. <br />d. In the event the Agency breaches any of its <br />covenants or obligations under this Agreement, the College may <br />exercise all legal and equitable remedies available to the <br />College under the laws of the State of California. <br />Section R. Notices All notices and demands of any <br />kind which any party hereto may be required or entitled to serve <br />upon any other party under the terms of this Agreement shall be <br />served in writing on such other party by personal service of <br />such notice or demand at the address hereinafter set forth, <br />whereupon service shall be deemed complete and notices and <br />demands shall be deemed to have been received on the date of <br />such personal service; or by mailing a copy thereof by certified <br />or registered mail, postage prepaid, airmail if the address is <br />5 <br />
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