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d. Civil citations with monetary penalties for violations of the <br />Inclusionary Housing Agreement, <br />2. If the developer rents any of the Inclusionary Units in violation of this <br />Inclusionary Housing Agreement, as restitution to the City, the Developer <br />shall forfeit all monetary amounts obtained through the rental of the <br />Incluslonary Units. <br />3. If the developer sells any of the Inclusionary Units in violation of this <br />Inclus[onary Housing Agreement, as restitution to the City, the developer <br />shall forfeit all monetary amounts obtained from the sale of the <br />Inclusionary Units that are in excess of the Affordable Sales Price <br />permitted by this Inclusionary Housing Agreement for such Incluslonary <br />Units. <br />4. All such restitution shall be made to the City. Any funds received by the <br />City under this provision of this Inclusionary Housing Agreement shall be <br />placed in the City's Inclusionary Housing Fund. <br />11 -. The laws of the State of California shall govern the interpretation and <br />enforcement of this Incluslonary Housing Agreement. <br />II-C, In the event that any legal action is commenced by the Developer against <br />the City, service of process on the City shall be made by personal service <br />upon the Clerk of the City Council, or in such other manner as may be <br />provided by lawn. <br />[I-D. In the event that any legal action is Commenced by the City against the <br />Developer, service of process shall be made by personal service on the <br />Developer's designated agent at such address as may be specified in <br />written notice to the City, or to such other manner as may be provided by <br />law, and shall be valid whether made within or without the State of <br />California. <br />Ill. Nights and Remedies are Cumulative <br />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 <br />by it, at the same or different times, of any other rights or remedies for the same <br />Default or any rather Default by the other Party, <br />Inclusiarrary Housing Agreement • GmanshIp Project _. —.. .., Page 97 <br />City of Santa Ana <br />25G -19 <br />