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25R - AGMT DT SAFE PROGRAM
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25R - AGMT DT SAFE PROGRAM
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Last modified
12/13/2018 8:37:16 PM
Creation date
12/13/2018 8:28:51 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25R
Date
12/18/2018
Destruction Year
2023
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(a) Delay of any or all transfers of Clean and Safe Program funds to DTI pursuant to <br />§2.02 of this Agreement until such default is cured, corrected or remedied; provided such delay is <br />approved by the City Council. <br />(b) Terminate this Agreement, provided such tennination is approved by the City <br />Council. <br />§ 4.03 Legal Actions <br />In addition to any other rights or remedies, either party may institute legal action to cure, <br />correct or remedy any default, to recover damages for any default, or to obtain any other remedy <br />consistent with the purpose of this Agreement. Such legal action must be instituted in the Superior <br />Court of the County of Orange, State of California, or in any other appropriate court in that county. <br />§ 4.04 Cumulative Rights and Remedies <br />The rights and remedies of the parties are cumulative and the exercise by either party of one <br />or more such rights or remedies shall not preclude the exercise by it, at the same or different times, <br />of any other rights or remedies for the same defhWt or any other default by the other party. <br />§ 4.05 Termination <br />This Agreement may be terminated by the City for any reason upon thirty (30) days written <br />notice of termination. Upon any termination, or expiration of the Term, the City, shall have no <br />further obligation to provide funding or other assistance to DTI pursuant to this Agreement for any <br />period following such expiration or early termination <br />ARTICLE 5 <br />GENERAL PROVISIONS <br />§ 5.01 Representatives <br />(a) All actions authorized to be taken by City pursuant to this Agreement, without <br />specification in this Agreement as to the body or office so authorized, shall be deemed exercisable <br />on behalf of City by the City Manager, unless otherwise stated. The City Manager may designate <br />any officer of the City as his/her representative with respect to any specified authority given to the <br />City Manager by this Agreement, and in such event the actions of such officer within the scope of <br />such authority shall have the same effect as if taken by the City Manager. <br />(b) All actions authorized to he taken by DTI pursuant to this Agreement, without <br />specification in this Agreement as to the body or office so authorized, shall be deemed exercisable <br />on behalf of DTI by DTI's governing board or by such officer of DTI as may be designated by <br />resolution of said governing board. <br />25R-17 <br />
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