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site clearance and preparation (including treatment or removal of any hazardous or toxic <br /> materials), engineering, construction, governmental approvals and CEQA compliance, and the <br /> Agency and the City shall have the duty to make only the contributions set forth in this Article 7. <br /> <br /> §702 ~ <br /> <br /> Unless funded or reimbursed by Developer pursuant to Developer's obligations under the <br /> Advanced Funding Agreement, the Agency shall have contributed or shall contribute, without <br /> the right to reimbursement, the cost of its consultants, attorneys, officers and employees <br /> (including its own internal costs and expenses incurred in complying with this Agreement) <br /> expended prior to the execution of this Agreement. After execution of this Agreement, except as <br /> expressly otherwise provided herein, Developer shall retain sole responsibility for the costs of <br /> Agency attorneys associated with implementation of this Agreement and of Agency's <br /> consultants, officers and employees engaged in or perforating the activities reasonably required <br /> to satisfy the Agency's obligations to acquire Acquisition Parcels as specifically set forth in <br /> Article 3. <br /> <br /> Article 8. DEFAULTS AND REMEDIES <br /> §801 Defaults in General <br /> <br /> Subject to the extensions of time set forth in Section 1004 of this Agreement, material <br />failure or material delay by either party in performing or complying with any material t¢i~i~ or <br />material provision of this Agreement will constitute a default under this Agreement ("Default"). <br />Any party claiming a Default ("Claimant") shall give written notice of Default to the other party, <br />specifying such Default. For purposes of this Agreement, the term "Default" does not include a <br />default of the kind described in Section 515 of this Agreement. <br /> <br /> The Claimant's rights to institute legal proceedings or temdnate this Agreement are <br />subject to the cure fights provided for in Sections 807(C) and 808(C). <br /> <br /> Either party exercising its right to terminate this Agreement under this Article 8 shall do <br />so by providing written notice of such tem,ination in accordance with Section 1002 of this <br />Agreement. After termination, neither Developer nor the Agency nor the City shall have any <br />rights against, or liability to, any other party under this Agreement, except as otherwise set forth <br />in this Agreement. <br /> <br /> §802 Institution of Legal Actions <br /> <br /> Any legal action must be instituted in the Superior Court of the County of San Mateo, <br />State of California. <br /> <br /> §803 Al/l/]lgablg. J.~/ <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 /> 35 <br />DOCSSFl:495065.9 <br />9975-5 IqW'N <br /> <br /> <br />