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55A - ADOPT RES WIKTH NATIONAL COMMUNITY RENAISSANCE
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55A - ADOPT RES WIKTH NATIONAL COMMUNITY RENAISSANCE
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Last modified
1/29/2020 4:39:56 PM
Creation date
1/29/2020 4:34:45 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
55A
Date
2/4/2020
Destruction Year
2025
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i0a:11-111 a <br />20 Civic Center Plaza, <br />Santa Ana, CA 92701 <br />Developer: <br />Michael Finn <br />Chief Financial Officer <br />National Community Renaissance of California <br />9421 Haven Avenue <br />Rancho Cucamonga, CA 91730 <br />7. Events of Default. The occurrence of any of the following events shall constitute <br />an "Event of Default" under this Agreement: <br />(a) A Party fails to perform any of its obligations under this <br />Agreement, and does not cure such failure within 30 days after written notice of such failure has <br />been delivered to the defaulting party; or <br />(b) A Party purports to revoke this Agreement or this Agreement <br />becomes ineffective for any reason (other than by virtue of the application of clauses (i) or (ii) of <br />Section 8). <br />8. Termination. This Agreement shall terminate upon the earlier of: (i) completion <br />of the all obligations under the AHSC Documents; or (ii) mutual agreement of the parties hereto; <br />or (iii) the occurrence of an Event of Default. <br />9. Third Party Beneficiary. The Partnership shall be a third party beneficiary of this <br />Agreement and shall be entitled to the rights and benefits hereunder and may enforce the <br />provisions hereof as if it were a party to this Agreement. <br />10. Miscellaneous. <br />(a) Nothing in this Agreement shall be construed to limit any claim or right <br />which any party may otherwise have at any time against an indemnifying Party under Section 2 <br />or any other person arising from any source other than this Agreement, including any claim for <br />fraud, misrepresentation, waste, or breach of contract other than this Agreement, and any rights <br />of contribution or indemnity under any federal or state environmental law or any other applicable <br />law, regulation, or ordinance. <br />(b) If any party delays in exercising or fails to exercise any right or remedy <br />against a Party, that alone shall not be construed as a waiver of such right or remedy. All <br />remedies of any Party against the other Party are cumulative. <br />(c) This Agreement shall be binding upon and inure to the benefit of each of <br />the parties hereto and their respective representatives, heirs, executor, administrators, successors, <br />and assigns. This Agreement may not be amended except by a written instrument executed by <br />the parties hereto. <br />55A-10 <br />
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