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503.3 Termination by Either Party. In the event that the Agency is prohibited <br />by law from using money from the Housing Fund to fulfill any of its obligations hereunder or the <br />use of the other funding sources by Developer triggers the requirement to pay prevailing wages, <br />then each party may terminate this Agreement as to any Please which has not previously been <br />conveyed to the Developer, and neither party shall have any further rigl is or obligations with <br />respect to the other with respect to the terminated Phases. <br />504. Acceptance of Sei -vice of roce s. In the evert that any legal action is <br />commenced by the Developer against the Agency, service of process on the Agency shall be <br />made l by personal service upon the Agency Executive Director or in such other tanner as may <br />be provided by acv. In the event that any legal action is commenced d ,y the Agency against the <br />Developer, service of process on the Developer shall be made in any manner as may be provided <br />by law. <br />505. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in <br />this Agreement, the rights and rein dies of the parties are cumulative, and the exercise by either <br />party of one or more of such rights or remedies small not preclude the exercise by it, at the s ill <br />or different tinnes, of any other rights or remedies for the same default or any other default by the <br />other party. <br />506. Inaction Not a Waiver of fault. Any failures or delays by either party its <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 r remedies, or deprive either such party of its right to institute an <br />maintain any actions or proceedings which it may deem necessary to protect, assert or enforce <br />any such rights or remedies. <br />507. Force Mai ur ; Extension of Times of Performance. In addition to specific <br />provisions of this Agreement, performance by either party hereunder small not be deemed to be in <br />Default, and all performance and other dates specified in this Agreement shall be extended, <br />where delays or Defaults ults are due to: war; insurrection; strikes; lockouts; riots; floods; <br />earthquakes; ; dries; casualties; acts of God; acts of the public enemy; epidemics; quarantine <br />restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; <br />litigation; mandamus proceedings; administrative proceedings; unusually severe weather; <br />inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or <br />supplier; acts or omissions. of the other party; acts or failures to act of the City or any other <br />public or governmental agency or entity (other than the acts or failures to act of the City or <br />Agency which shall not excuse performance by the Agency); or any other causes beyond the <br />control or witho ut the fault of the party claiming an extension of time to perform. <br />Nohvithstanding anything to the contrary in this Agreement, an extension of time for any such <br />cause shall be for the period of the enforced delay and shall commence to run friom the time of <br />the commencement of the cause, if t notice by the party claiming such extension is sett to the <br />other party within thirty days of the commencement of the cause. Threes of performance <br />under this Agreement may also be extended in writing by the mutual agreement of the Agency <br />and Developer. Nohvithstanding any provision of this Agreement to the contrary, the lack of <br />funding to complete the Developer Improveme t shall not constitute grounds of enforced delay <br />pursuant to this Section 507. <br />Do so 11 400673 v 1 31200272 -0001 <br />