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803. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in <br /> <br /> this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either <br /> party of one or more of such right or remedies shall not preclude the exercise by it, at the same or <br /> different times, of any other rights or remedies for the same default or any other default by the <br /> other party. <br /> 804. Inaction Not a Waiver of Default. Any failures or delays by either party in <br /> asserting any of its rights and remedies as to any Default shall not operate as a waiver of any <br /> Default or of any such rights or remedies, or deprive either such party of its right to institute and <br /> maintain any actions or proceedings which it may deem necessary to protect, assert or enforce <br /> any such rights or remedies. <br /> 805. Termination. This Agreement shall terminate on the earlier of: (a) expenditure of <br /> all NSP funds; (b) failure to cure a material breach after notice and time to cure; (c) February 1, <br /> 2014; (d) the date ninety (90) days following receipt by Developer of written notice of <br /> termination from the City; (e) upon mutual agreement of the parties, or (f) failure to meet <br /> Performance Measures as set forth in Section 602. <br /> 900. GENERAL PROVISIONS <br /> 901. Relationship between the Parties. Both parties expressly acknowledge it is the <br /> intention of the parties that this Agreement shall be a contract for services and shall not in <br /> any way create any employer/employee relationship between the parties or any co-venture or <br /> joint venture. Developer is an independent contractor who shall in no way be considered an <br /> employee of the City. It is expressly acknowledged and agreed that Developer shall be <br /> responsible for maintaining its own insurance as described in paragraph 906. <br /> 902. Notices. Any approval, disapproval, demand, document or other notice ("Notice") <br /> which either party may desire to give to the other party under this Agreement must be in <br /> writing and may be given by any commercially acceptable means to the party to whom the <br /> Notice is directed at the address of the party as set forth below, or at any other address as that <br /> party may later designate by Notice. <br /> To City: City of Santa Ana -Housing Division <br /> 20 Civic Center Plaza, M-37 <br /> Santa Ana, California 92701 <br /> Attention: Executive Director <br /> To Developer: ANR Homes, Inc. <br /> 10702 Hathaway Drive, Unit 1 <br /> Santa Fe Springs, CA 90670 <br /> Attention: George Jordan, Vice President <br /> Any written notice, demand or communication shall be deemed received immediate if <br /> delivered by hand and shall be deemed received on the third day from the date it is <br /> postmarked if delivered by registered or certified mail. <br /> 15 <br /> 25K-31 <br /> <br />