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and electrical codes, and all other provisions of the City and its Municipal Code, and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seg., Government Code § 4450 et seq., and the Umuh Civil Rights Act, Civil Code § 51 et scq. C'Governmental Requirements'), 10. DEFAULTS AND REMEDIES If any party defaults in performance of its obligations, covenants or agreements hereunder, the defaulting party shall be entitled to cure the default in accordance with this section. The igjurcd party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Delay in giving such notice shall not constituto a waiver of any default nor shall it change the time of-default. The defaulting party must, within thirty (30) days, following service of said notice, commence to cure, correct or remedy such failure or delay and shall complete such cure, correction, or remedy with reasonable diligence, 11, INSTITUTION OF LEGAL ACTIONS Subject to the provisions of Section 13. hereof, in addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. 12, APPLICABLE LAW This Agreement mid all questions relating to its validity, interpretation, perfonnance, and enforcement shall be governed sand construed in accordance with the laws of the State of California This Agreement has been executed and delivered in the State of Cali fomia and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be deternnined and governed by the laws of the State of California. All parties Airther agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 13. RIGHTS AND REMEDIES ARE CUMULATIVE Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cunnulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party, EXHIBIT D R Ordinance No. NS-2680 Page 37 of 51 11 A -41