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(e) Suspend or terminate the award of the tax increment funds if <br />Developer fails to comply with any teen of that award. <br />2003. Termination by the Developer. hi the event that the Developer is not in default <br />under this Agreement or any other Project Document and the Agency and City do not provide the <br />Loans pursuant to this Agreement; or in the event of any default of the Agency or City prior to the <br />first disbursement of the Loans, which is not cured within the time set forth in Section 2001 hereof, <br />and any such failure is not cured within the applicable time period after written demand by the <br />Developer, then this Agreement may, at the option of the Developer, be terminated by written notice <br />thereof to the Agency/City. From the date of the written notice;bf `termination of this Agreement by <br />the Developer to the Agency/City and thereafter this Agreemerit shall be deemed terminated and <br />there shall be no further rights or obligations between the partied,arising from this Agreement, except <br />that the parties may pursue any other remedies they may have heretpic]pr. <br />2004. Termination by the Agency or (Ci <br />Default under this Agreement, and (i) the Developef <br />to assign or transfer this Agreement or any Project <br />in violation of Section 1602 of this Agreement; or (ii <br />Loans set forth in Sections 601, 602,,uttd 603 hereof <br />this Agreement and/or the Schedule of~kerformance <br />City; or (iii) the Developer fails to co~irienCe dogst <br />forth in the Schedule of Performance br;fails to: <br />Improvements for at <br />within thirty (30) day. <br />does not submit evid <br />related docrunents as <br />Performance, in the <br />default or failure shat <br />by the Ag~ircy or (v) <br />default y~rfhin the tin <br />Develop~r'or any as. <br />Property, shall;.at the <br />Developer and therea <br />rights or obligations l <br />may have hereunder> <br />(90) <br />of w <br />of <br />by <br />ty; 'Tn the event that neXthcr Agency nor City is in <br />(or any successor in iYitergst) assigns or attempts <br />Document or,any rights thi;rein or in the Property <br />9ne or moe:of the Conditions Precedent to the <br />is not fulfilled on or before the'time set forth in <br />and such :failure is not caused by the Agency or <br />ructron of tll~ Improvements within the time set <br />proceed vVith;gr suspends construction of the <br />anei ;such deiaultsor failure shall not be cured <br />nd thereforby tlia Agency; or (iv) the Developer <br />of msurance;;construction plans, drawings and <br />nd within tlie~time set forth in the Schedule of <br />canner.and by,ihe dates rEspegtively provided in this Agreerncnt and such <br />not be enre~i;v4ithin thirty (30)%aays after the date of written demand therefor <br />he Devclop'er is othei~wise,in Default of this Agreement and fails to cure such <br />aet Forth iii Section 2001 -hereof; then this Agreement and any right of the <br />gnee 6r transfeTe@ with respect to or arising out of the Agreement or the <br />rption of the AgeYiey/City, be terminated by the Agoncy/City by notice to the <br />er this Agireement'sNall be deemed terminated and there shall be no further <br />~tween the';p"~rties, except that the parties may pursue any other remedies they <br />2005. Institutibr< of Leal Actions, hr addition to any other rights or remedies and subject <br />to the restriction otherwise`52(%~6rth in this Agreement, either party may institute and action at law or <br />equity to seek specific performance of the terms of this Agreement, or to cure, corrector remedy any <br />Default, to recover damages for any Default, or to obtain any other remedy consistent with the <br />purpose of this Agreement. Such legal actions must be instituted in the Superior Court in the County <br />of Orange, State of California, or in the District for the Central District of California. <br />2006. Acceptance of Service of Process, In the event that any legal action is commenced <br />by the Developer against the City or Agency, service of process on the City or Agency shall be made <br />by personal service upon the P,xecutive Director of the City or Agency or in such other manner as <br />may be provided by law. In the event that any legal action is commenced by the City or Agency <br />against the Developer, service of process on the Developer shall be made by personal service upon <br />58 <br />