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<br />and electrical codes, and all other provisions of the City and its Municipal Code, and all applicable <br />disabled and handicapped access requirements, including, without the limitation, the Americans <br />With Disability Act, 42 U.S.c. 9 12101 et seq., Government Code 9 4450 et seq., and the Unruh <br />Civil Rights Act, Civil Code 9 51 et seq. ("Governmental Requirements"). <br /> <br />1 O. DEFAULTS AND REMEDIES <br /> <br />If any party defaults in performance of its obligations, covenants or agreements hereunder, <br />the defaulting party shall be entitled to cure the default in accordance with this section. The injured <br />party shall give written notice of default to the party in default, specifying the default complained of <br />by the injured party. Delay in giving such notice shall not constitute a waiver of any default nor <br />shall it change the time of default. The defaulting party must, within thirty (30) days, following <br />service of said notice, commence to cure, correct or remedy such failure or delay and shall complete <br />such cure, correction, or remedy with reasonable diligence. <br /> <br />11. INSTITUTION OF LEGAL ACTIONS <br /> <br />Subject to the provisions of Section 13 hereof, in addition to any other rights or remedies, either <br />party may institute legal action to cure, correct or remedy any default to recover damages for any <br />default, or to obtain any other remedy consistent with the purpose ofthis Agreement. <br /> <br />12. APPLICABLE LAW <br /> <br />This Agreement and all questions relating to its validity, interpretation, performance, and <br />enforcement shall be governed and construed in accordance with the laws of the State of California. <br />This Agreement has been executed and delivered in the State of California and the validity, <br />interpretation, performance, and enforcement of any of the clauses of this Agreement shall be <br />determined and governed by the laws of the State of California. All parties further agree that <br />Orange County, California, shall be the venue for any action or proceeding that may be brought or <br />arise out of, in connection with or by reason ofthis Agreement. <br /> <br />13. RIGHTS AND REMEDIES ARE CUMULATIVE <br /> <br />Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the <br />rights and remedies of the parties are cumulative and the exercise by either party of one or more of <br />such rights or remedies 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. <br /> <br />EXHIBIT D <br />R <br /> <br />11A-37 <br />