Res99 RD-99-30 - Laserfiche WebLink

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Agreement. Afrer termination, neither IAC nor the Agency shall have any rights against, or liability to, the other under this Agreement, except as othenvise 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 Mateo, State of California. In the event the Agency or IAC's default under the terms of this Agreement, the Agency or IAC (as applicable) shall have all rights and remedies provided herein or under law. Notwithstanding the foregoing, upon IAC's completion of the IAC Project Infrastructure, the Agency shall not have any rights to specific performance. §803 Applicable Law The laws of the State of California shall govem the interpretation and enforcement of this Agreement. §804 Acceptance of Service of Process If any legal action is commenced by IAC against the Agency, service of process on the 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 the Agency against IAC, service of process on IAC shall be made by first attempting personal service upon IAC at the address provided in Section 110 and then, if reasonable attempts at such service aze unsuccessful, in such other manner as may be provided by law. §805 Rights and Remedies are Cumulative Except where otherwise expressly stated in this Agreement, the rights and remedies of the parties aze cumulative, and the exercise or failure to exercise one or more of such rights or remedies by any party shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other party hereto. §806 Inaction not a Waiver of Default Subject to any applicable statutes of limitation, any failure or delay by either party hereto in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. §807 IAC's Rights to Terminate; Ri�hts and Duties Following Termination A. Agency Default or Failure to Adopt Resolution of Necessity. In addition to the right to terminate set forth in Section 809, IAC shall have the right to terminate this Agreement with respect to the IAC Project Site, or subject to Section 801, with the Agency's prior written concurrence a portion thereof, by providing written notice of such termination for any of the reasons set forth below: 32 9627�.8397625 - . � �