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CITY COUNCIL DRAFT <br /> address set forth in Section 22 hereof. The form, content and issuer of any certificate of insurance <br /> approved by City. <br /> 15. DEFAULTS. <br /> Failure or delay by either party to perform any term or provision of this Agreement which is not <br /> cured within thirty (30) days after receipt of notice from the other party constitutes a default under <br /> this Agreement; provided, however,that if such default is of the nature requiring more than thirty <br /> (30) days to cure,the defaulting party shall avoid default hereunder by commencing to cure within <br /> such thirty (30) day period, and thereafter diligently pursuing such cure to completion. The party <br /> who so fails or delays must immediately commence to cure, correct or remedy such failure or <br /> delay, and shall complete such cure, correction or remedy with diligence. The injured party shall <br /> give written notice of default to the party in default, specifying the default complained of by the <br /> injured party. Except as required to protect against further damages, the injured party may not <br /> institute proceedings against the party in default until thirty (30) days after giving such notice. <br /> Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it <br /> change the time of default. <br /> 16. NON-WAIVER. <br /> Failure to exercise any right City may have or be entitled to, in the event of default hereunder, <br /> shall not constitute a waiver of such right or any other right in the event of a subsequent default. <br /> 17. FURTHER ASSURANCES. <br /> Homebuyer shall execute any further documents consistent with the terms of this Agreement, <br /> including documents in recordable form, as City shall from time to time find necessary or <br /> appropriate to effectuate its purposes in entering into this Agreement. <br /> 18. GOVERNING LAW. <br /> Homebuyer hereby agrees to comply with all ordinances, rules and regulations of City . Nothing <br /> in this Agreement is intended to be, nor shall it be deemed to be, a waiver of any City ordinance, <br /> rule or regulation. This Agreement shall be governed by the laws of the State of California. Any <br /> legal action brought under this Agreement must be instituted in the Superior Court of the County <br /> of Orange, State of California, or in the Federal District Court where the City is located. <br /> 19. AMENDMENT OF RESTRICTION. <br /> No modification, rescission, waiver, release or amendment of any provision of this Agreement <br /> shall be made except by a written agreement executed by Homebuyer and City. <br /> 20. CITY MAY ASSIGN. <br /> City may, at its option, assign its rights hereunder without obtaining the consent of Homebuyer. <br /> 21. HOMEBUYER ASSIGNMENT PROHIBITED. <br /> Page 40 <br /> Exhibit B <br /> 5 53 94.00 10 1\43721567.2 <br /> Resolution No. 2025-013 <br /> Page 47 of 87 <br />