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03 - JOINT PH - DDA Bowers 1902-1914 N Main
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02/17/2009
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03 - JOINT PH - DDA Bowers 1902-1914 N Main
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Last modified
1/3/2012 3:33:37 PM
Creation date
6/27/2011 10:54:33 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
03
Date
2/17/2009
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ARTICLE V -DEFAULTS, REMEDIES AND TERMINATION <br />Section 501. Defaults-General <br />Subject to the extensions of time set forth in Section 610, failure or delay by either party to <br />perform any term or provision of this Agreement constitutes a default under this Agreement. <br />If the default is for a cause other than failure of the Developer to perform the conditions <br />precedent for a conveyance of title, the defaulting party shall be entitled to cure the default in <br />accordance with this section. <br />The injured party shall give written notice of default to the party in default, specifying the <br />default complained of by the injured party. Delay in giving such notice shall not constitute a waiver <br />of any default nor shall it change the time of default. Except as otherwise provided in Section 509, <br />the defaulting party must, within thirty (30) days, following service of said notice, commence to <br />cure, correct or remedy such failure or delay and shall complete such cure, correction, or remedy <br />with reasonable diligence. <br />Section 502. Institution of Legal Actions <br />Subject to the provisions of Section 501 hereof, in addition to any other rights or remedies, <br />either party may institute legal action to cure, correct or remedy any default to recover damages for <br />any default, or to obtain any other remedy consistent with the purpose of this Agreement. Such <br />legal actions must be instituted in the Superior Court of the County of Orange, State of California, <br />or in any other appropriate court in that County. <br />Section 503. Applicable Law <br />The laws of the State of California shall govern the interpretation and enforcement of this <br />Agreement. Venue shall be in the County of Orange, State of California. <br />Section 504. Acceptance of Service of Process <br />In the event that any legal action is commenced by the Developer against Agency, service of <br />process on the Agency shall be made in such other manner as may be provided by law. <br />In the event that any legal action is commenced by the Agency against the Developer, <br />service of process on the Developer shall be made by personal service upon a general partner of the <br />Developer or in such manner as may be provided by law. and shall be valid whether made within or <br />without the State of California. <br />19 <br />3-25 <br />
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