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The City shall not be liable to the Operator for any damage to, or for any diminution or <br />deprivation of the Operator's rights hereunder on account of the exercise of any such <br />authority as in this clause provided, nor shall the Operator be entitled to terminate the whole <br />or any portion of this Agreement by reason thereof unless the exercise of such authority shall <br />so interfere with the Operator's operation of the Parking Facilities in the exercise of its rights <br />under this Agreement as to constitute a termination in whole or in part of this Agreement by <br />operations of law in accordance with the laws of the State of California. <br />27. DEFAULT <br />A. Any material failure or delay by either party to perform any material term or <br />provision of this Agreement, constitutes a default under this Agreement. Except <br />as otherwise provided below, upon the occurrence of a default, the non-defaulting <br />party may terminate this Agreement and may institute legal action to cure, correct, <br />or remedy the default or to recover damages for the default. <br />B. Prior to terminating this Agreement or instituting any legal action due to a default, <br />the non-defaulting party shall give written notice of the default to the defaulting <br />party, specifying the nature to the default. The defaulting party shall have thirty <br />(30) days to cure, correct, or remedy the default, and if the default is cured, <br />corrected, or remedied within such time period, the non-defaulting party shall be <br />entitled to terminate this Agreement or institute legal action due to the default. <br />C. Legal actions instituted due to any default must be instituted in the court located <br />in the County of Orange, State of California. <br />D. The rights and remedies of the parties are cumulative and the exercise by either <br />party of one or more of such rights or remedies shall not preclude the exercise by <br />it, at the same or different times, of any other rights or remedies for the same <br />default or any other default by the other party. <br />28. TERMINATION BY CITY <br />A. Termination with Cause. In addition to any other legal or equitable rights <br />available to the City hereunder, the City shall have the right to terminate and <br />cancel this Agreement in its entirety and all rights ensuring there from upon five <br />(5) days written notice if any one or more of the following events shall occur: <br />The Operator fails to duly and punctually deposit the gross receipts and <br />deliver the deposit receipt to the City, or fails to make any other payments <br />required hereunder when due to the City within two (2) business days after <br />written notice from the City of such failure to comply. <br />22 <br />25D-26