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4.16 Community Outreach. Developer is required to provide Community Outreach with all <br />stakeholders to hear and address concerns over parking and construction during and after <br />construction. <br />4.17 Staging Locations. Developer shall be fully responsible for securing and leasing staging <br />locations at the developer's expense to the satisfaction of the City. The construction staging <br />location and equipment shall not impede day -to -day activities in surrounding areas. <br />Article 5 <br />DEFAULTS AND REMEDIES <br />5.1 Default. Subject to extensions of time set forth herein, or any other extension of time that <br />may be agreed to by the parties, and the specific remedies set forth in sections 5.5 -5.7 below, <br />failure or delay by either party to perform any tenn or provision of this Agreement constitutes a <br />default under this Agreement. The non- defaulting party shall notify the defaulting party that a <br />default exists and that the defaulting party must cure or commence to cure and diligently <br />prosecute to completion any such default within thirty (30) days of receipt of the notice of <br />default. The party who so fails or delays must immediately commence to cure, correct or remedy <br />such failure or delay, and shall complete such cure, correction or remedy with reasonable <br />diligence and during any period of curing shall not be in default. If the default is not commenced <br />to be cured within thirty (30) days after service of the notice of default and is not cured promptly <br />in a continuous and diligent manner within a reasonable period of time after commencement, the <br />defaulting party shall be liable to the non - defaulting party for damages caused by such default. <br />Except as otherwise expressly provided in this Agreement, any failure or delay by either party in <br />asserting any of its rights or remedies as to any default shall not operate as a waiver of any <br />default or of any such rights or remedies or deprive such party of its right to institute and <br />maintain any actions or proceedings that it may deem necessary to protect, assert or enforce any <br />such rights or remedies. <br />5.2 Legal Actions. In addition to any other rights or remedies, either party may institute legal <br />action to cure, correct or remedy any default, to recover damages for any default or to obtain any <br />other remedy (including specific performance) consistent with the purpose of this Agreement. <br />Such legal actions roust be instituted in the Superior Court of the County of Yolo, State of <br />California, in any other appropriate court in that county, or in the Federal District Court in the <br />Eastern District of California. <br />Further, the non - defaulting party may file legal action to require the defaulting party to <br />specifically perform the terms and conditions of this Agreement. <br />5.3 Applicable Law. The laws of the State of California, excepting those provisions dealing <br />with choice of law, shall govern the interpretation and enforcement of this Agreement. <br />This Agreement has been negotiated at arm's length and between persons sophisticated and <br />knowledgeable in the matters dealt with herein. In addition, each party has been represented by <br />55394.00000\29008220.1 65A-23 <br />