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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 l~ghts and Remedies are Cumulative <br /> <br /> Except where otherwise expressly stated in this Agreement, the fights 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 exercise 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 fight to institute and <br />maintain any actions or proceedings which it may deem necessary to protect, assert or enforce <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 temaination 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, City- <br />Transfer or Acquisition Parcels in the manner and condition and by the date provided in the <br />Schedule of Performance (as the same may be extended pursuant to Section 1004), and such <br />failure is not the result of delays caused by Developer's failure to perform its obligations <br />hereunder within the time provided in the Schedule of Performance (as the same may be <br />extended pursuant to Section 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 /> 3. There is a material change in the land use regulations of the City prior to the <br />issuance of a Certificate of Completion, adversely affecting the Project; or <br /> <br /> 4 By the date set forth on the Schedule of Performance, the Agency does not <br />adopt a Resolution of Necessity (pursuant to Article 2 [commencing with Section 1245.210] of <br />Chapter 4 of Title 7 of the California Code of Civil Procedure) to acquire any of the Acquisition <br />Parcels; or <br /> <br /> 5. Revisions or corrections are made to Project plans which are materially <br />inconsistent with the Project Guidelines and related documents and approved plans, as provided <br />in Section 503; or <br /> <br /> 6. The Agency and/or the City is in Default under this Agreement, or an event <br />has occurred or a condition exists which, with the giving of notice or the passage of time, or <br />both, would become a Default by the Agency and/or the City hereunder; or <br /> <br /> 36 <br />DOCSSFl:495065.9 <br />9975-5 NWN <br /> <br /> <br />