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and electrical codes, and all other provisions of the City and its Municipal Code, and all-applicable <br />disabled and handicapped access requirements, including, without the limitation, the Americans <br />With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh <br />Civil Rights Act, Civil Code § 51 et seq. ("Govenumental Requirements "). <br />10, DEFAULTS AND REMEDIES <br />If any party defaults In performance of its obligations, covenants or agreements hereunder, <br />the defaulting party shall be entitled to cure the default in accordance with this section. The injured <br />party shall give written notice of default to the party in default, specifying the default complained of <br />by the injured party. Delay In giving such notice shall not constitute a waiver of any default nor <br />shall it change the time of-default. Thu defaulting party must, within thirty (30) days, following <br />service of said notice, commence to cure, correct or remedy such failure or delay and shall complete <br />such cure, correction, or remedy with reasonable diligence. <br />11. INSTITUTION OF LEGAL ACTIONS <br />Subject to the provisions of Section 13. hereof, In addition to any other rights or remedies, either <br />party may institute legal action to cure, correct or remedy any default to recover damages for any <br />default, or to obtain any other remedy consistent wills the purpose of this Agreement, <br />12, APPLICABLE LAW <br />This Agreement and all questions relating to its validity, interpretation, performance, and <br />enforoentent shall be governed and construed in accordance with the laws of the State of California. <br />This Agreement has been executed and delivered in the State of California and the validity, <br />interpretation, performance, and enforcement of any of the clauses of this Agreement shall be <br />determined and governed by the laws of the State of California. All parties further agree that <br />Orange County, California, shall be the venue for any action or proceeding that may be brought or <br />arise out of, in connection with or by reason of this Agreement. <br />13. RIGHTS AND REMEDIES ARE CUMULATIVE <br />Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the <br />rights and remedies of die parties are cumulative and the exercise by either party of one or more of <br />such rights or remedies shall not preclude the exercise by it, at the same or different times, of any <br />other rights or remedies for the same default or any other default by the other party. <br />EXHIBIT D <br />R Ordinance No. NS -2880 <br />Page 37 of 61 <br />•1;� <br />