Laserfiche WebLink
<br />ARTICLE VIII - DEFAULTS AND REMEDIES <br /> <br />Section 801. <br /> <br />Defaults-General <br /> <br />Subject to the extensions of time for perfonnance for Force Majeure, failure or delay by <br />either party to perfonn any tenn or provision of this DDA within the time period provided herein <br />for such perfonnance constitutes a default under this DDA. <br /> <br />If any party defaults in perfonnance of its obligations, covenants or agreements <br />hereunder, the defaulting party shall be entitled to cure the default in accordance with this <br />section. The injured party shall give written notice of default to the party in default, specifying <br />the default complained of by the injured party. Delay in giving such notice shall not constitute a <br />waiver of any default nor shall it change the time of default. The defaulting party must, within <br />thirty (30) days following service of said notice, commence to cure, correct or remedy such <br />failure or delay and shall complete such cure, correction, or remedy with reasonable diligence. <br />Upon a default by Developer which is not cured within the applicable cure period, the Agency <br />shall have the right to tenninate this DDA by delivery of written notice oftennination to <br />Developer. <br /> <br />Section 802. <br /> <br />Institution of Legal Actions <br /> <br />Subject to the provisions of Section 806 hereof, in addition to any other rights or <br />remedies, either party may institute legal action to cure, correct or remedy any default to recover <br />damages for any default, or to obtain any other remedy consistent with the purpose of this DDA. <br /> <br />Section 803. <br /> <br />Applicable Law <br /> <br />This DDA and all questions relating to its validity, interpretation, perfonnance, and <br />enforcement shall be governed and construed in accordance with the laws of the State of <br />California. This DDA has been executed and delivered in the State of California and the validity, <br />interpretation, perfonnance, and enforcement of any of the clauses of this DDA shall be <br />detennined and governed by the laws of the State of California. Both parties further agree that <br />Orange County, California, shall be the venue for any action or proceeding that may be brought <br />or arise out of, in connection with or by reason ofthis DDA. <br /> <br />Section 804. Acceptance of Service of Process <br /> <br />In the event that any legal action is commenced by the Developer against Agency, service <br />of process on the Agency shall be made by personal service on the Secretary of the Agency, orin <br />such other manner as may be provided by law. <br /> <br />In the event that any legal action is commenced by the Agency against the Developer, <br />serVice of process on the Developer shall be made by personal service upon the manager of the <br />Developer or in such manner as may be provided by law, and shall be valid whether made within <br />or without the State of California. <br /> <br />24 <br />