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d, Civil citations with monetary penalties for violations of the Incluslonary Housing Agreement. 2. If the Developer rents any of the Incluslonary Units in violation of this Incluslonary Housing Agreement, as restitution to the City, the Developer shall forfeit all monetary amounts obtained through the rental of the InclusionM Units. 1 If the Developer sells any of the Incluslonary Units in violation of this lnclusionary Housing Agreement, as restitution to the City, the Developer shall forfeit all monetary amounts obtained from the sale of the Inclusionary Units that are In excess of the Affordable Sales Price permitted by this Incluslonary Housing Agreement for such Incluslonary Units. 4, All such restitution shall be made to the City. Any funds received by the City under this provision of this Incluslonary Housing Agreement shall be placed in the City's lnolusionary Housing Fund. ll -B. The laws of the State of California shall govern the interpretation and enforcement of this Incluslonary Housing agreement. II -C. In the event that any legal action is commenced by the Developer against the City, service of process on the City shall be made by personal service upon the Clerk of the City Council, or In such other manner as may be provided by taw. II -D. In the event that any legal action is commenced by the City against the Developer, service, of process shall be made by personal service on the Developer's designated agent at such address as may specified in written notice to the City, or in such other manner as may be provided by law, and shall be valid whether made within or without the State of California. The rights and remedies of the Parties are cumulative 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. of Banta Ana January 2015 32A -51