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4.16 Community Outreach. Developer is required to provide Community Outreach with all stakeholders to hear and address concerns over parking and construction during and after construction. 4.17 Stap-ing Locations. Developer shall be fully responsible for securing and leasing staging locations at the developer's expense to the satisfaction of the City. The construction staging location and equipment shall not impede day-to-day activities in surrounding areas. Article 5 DEFAULTS AND REMEDIES 5.1 Default. Subject to extensions of time set forth herein, or any other extension of time that may be agreed to by the parties, and the specific remedies set forth in sections 5.5-5.7 below, failure or delay by either party to perform any terin or provision of this Agreement constitutes a default under this Agreement. The non -defaulting party shall notify the defaulting party that a default exists and that the defaulting party must cure or commence to cure and diligently prosecute to completion any such default within thirty (30) days of receipt of the notice of default, The party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure, correction or remedy with reasonable diligence and during any period of curing shall not be in default. If the default is not commenced to be cured within thirty (30) days after service of the notice of default and is not cured promptly in a continuous and diligent manner within a reasonable period of time after commencement, the defaulting party shall be liable to the non -defaulting party for damages caused by such default, Except as otherwise expressly provided in this Agreement, any failure or delay by either party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive such party of its right to institute and maintain any actions or proceedings that it may deem necessary to protect, assert or enforce any such rights or remedies. 5.2 Legal Action , 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 (including specific performance) consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Yolo, State of California, in any other appropriate court in that county, or in the Federal District Court in the Eastern District of California. Further, the non -defaulting party may file legal action to require the defaulting party to specifically perforin the terms and conditions of this Agreement. 5.3 Applicable Law. The laws of the State of California, excepting those provisions dealing with choice of law, shall govern the interpretation and enforcement of this Agreement. This Agreement has been negotiated at arm's length and between persons sophisticated and Imowledgeable in the matters dealt with herein. In addition, each party has been represented by 5 5394. 00000\29008220. 1 65D-30