Agmt99 Shea Homes - Laserfiche WebLink

Browse Search

Article 8. DEFAULTS AND REMEDIES §801 Defaults in General Subject to the extensions of time set forth in Section 1004 of this Agreement, material failure or material delay by Agency or Shea in performing or complying with any material term or material provision of this Agreement will constitute a default under this Agreement ("Default"). Any party claiming a Default ("Claimant") shall give written notice of Default to the other party, spcci~ing such Default. The Claimant's rights to institute legal proceedings or terminate this Agreement are subject to the cure rights provided for in Sections 807(C) and 808(C). For purposes of this Agreement, the term "Default" does not include a default of the kind described in Section 515 of this Agreement. If this Agreement is terminated and Shea has commenced construction of any Project Phase prior to such termination, Shea shall have no obligation to complete such construction, but shall have the fight to do so without the prior written consent of Agency provided that this Agreement is not terminated by Agency due to Default by Shea. If Shea elects to complete construction of such Project Phase, termination of this Agreement shall not apply to such Project Phase. Either party exercising its rights to terminate under this Article 8 shall do so by providing written notice of such termination in accordance with Section 1002 of this Agreement. After termination, neither Shea nor Agency shall have any rights against or liability to, the other under this Agreement, except as otherwise set forth in this Agreement. §802 Institution of Legal Actions Any legal action must be instituted in the Superior Court of the County of San Matco, State of California. In the event Agency or Shea defaults under the terms of this Agreement, Agency or Shea (as applicable) shall have all rights and remedies provided herein or under law. Notwithstanding the foregoing, upon completion of the Shared Infrastructure, Agency shall not have any fights to specific performance. {}803 Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this Agreement. §804 Acceptance of Service of Process If any legal action is commenced by Shea against Agency, service of process on Agency shall be made by personal service upon the Executive Director or in such other manner as may be provided by law. -- If any legal action is commenced by Agency against Shea, service of process on Shea shall be made by first attempting personal service upon Shea at the address provided in Section 110 and then, if reasonable attempts at such service are unsuccessful, in such other manner as may be provided by law. 34 wc-21875