Laserfiche WebLink
§803 Applicable Law <br /> <br /> The laws of the State of California shall govern the interpretation and enforcement of this <br />Agreement. <br /> <br /> §804 Acceptance of Service of Process <br /> <br /> If any legal action is commenced by Developer against the Agency and/or the City, <br />service of process on the Agency shall be made by personal service upon the Executive Director <br />of the Agency or the City Manager of the City, respectively, or in such other manner as may be <br />provided by law. <br /> <br /> If any legal action is commenced by the Agency and/or the City, against Developer, <br />service of process on Developer shall be made by first attempting personal service upon <br />Developer at the addresses provided in Section 110 and then, if reasonable attempts at such <br />service are unsuccessful, in such other manner as may be provided by law. <br /> <br /> §805 Rights and Remedies are Cumulative <br /> <br /> Except where otherwise expressly stated in this Agreement, the rights and remedies of the <br />parties are cumulative, and the exercise or failure to exercise one or more of such rights or <br />remedies by any party shall not preclude the exemise by it, at the same or different times, of any <br />other rights or remedies for the same Default or any other Default by the other party hereto. <br /> <br /> §806 Inaction not a Waiver of Default <br /> <br /> Subject to any applicable statutes of limitation, any failure or delay by either party hereto <br />in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any <br />Default or of any such rights or remedies, or deprive either such party of its right to institute and <br />maintain any actions or proceedings which it may deem necessary to protect, assert or enfome <br />any such rights or remedies. <br /> <br /> §807 Developer's Rights to Terminate; Rights and Duties Following Termination <br /> <br /> A. Agency or City Default or Agency's Failure to Adopt Resolution of Necessity. In <br />addition to the Developer's rights to terminate set forth in Section 809, Developer shall have the <br />right to terminate this Agreement by providing written notice of such termination in accordance <br />with Section 1002 of this Agreement for any of the reasons set forth below: <br /> <br /> 1. The Agency does not tender title to or possession of the Agency or <br />Acquisition Parcels in the manner and condition and by the date provided in the Schedule of <br />Performance (as the same may be extended pursuant to Section 1004), and such failure is not the <br />result of delays caused by Developer's failure to perform its obligations hereunder within the <br />time provided in the Schedule of Performance (as the same may be extended pursuant to Section <br />1004); or <br /> <br /> 2. Developer's conditions precedent to Close of Escrow set forth in <br />Sections 402(B)(3), (7) and (8) have not timely been satisfied or waived; or <br /> <br /> 35 <br />DOCSSF 1:648942.4 <br />9975-5 C14 <br />120502 <br /> <br /> <br />