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25D - AGMT DOWNTOWN MERCHANTS FUND
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25D - AGMT DOWNTOWN MERCHANTS FUND
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Last modified
11/30/2017 5:30:12 PM
Creation date
11/30/2017 7:30:05 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25D
Date
12/5/2017
Destruction Year
2022
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(a) Delay of any or all transfers of DMF funds to SABC pursuant to §2.01 of this <br />Agreement until such default is cured, corrected or remedied; provided such delay is approved by <br />the City Council. <br />(b) Terminate this Agreement, provided such termination is approved by the City <br />Council. <br />§ 4.03 Legal Actions <br />In addition to any other rights or remedies, either party may institute legal action to cure, <br />correct or remedy any default, to recover damages for any default, or to obtain any other remedy <br />consistent with the purpose of this Agreement. Such legal action must be instituted in the Superior <br />Court of the County of Orange, State of California, or in any other appropriate court in that county. <br />§ 4.04 Cumulative Rights and Remedies <br />The rights and remedies of the parties are cumulative and the exercise by either party of one <br />or more such rights or remedies shall not preclude the exercise by it, at the same or different times, of <br />any other rights or remedies for the same default or any other default by the other party. <br />§ 4.05 Termination <br />This Agreement may be terminated by the City for any reason upon thirty (30) days written <br />notice of termination. Upon any termination, or expiration of the Term, the City shall have no further <br />obligation to provide funding or other assistance to SABC pursuant to this Agreement for any period <br />following such expiration or early termination. <br />ARTICLE 5 <br />GENERAL PROVISIONS <br />§ 5.01 Representatives <br />(a) All actions authorized to be taken by City pursuant to this Agreement, without <br />specification in this Agreement as to the body or office so authorized, shall be deemed exercisable on <br />behalf of City by the City Manager, unless otherwise stated. The City Manager may designate any <br />officer of the City as his/her representative with respect to any specified authority given to the City <br />Manager by this Agreement, and in such event the actions of such officer within the scope of such <br />authority shall have the same effect as if taken by the City Manager. <br />(b) All actions authorized to be taken by SABC pursuant to this Agreement, without <br />specification in this Agreement as to the body or office so authorized, shall be deemed exercisable on <br />behalf of SABC by SABC's governing board or by such officer of SABC as may be designated by <br />resolution of said governing board. <br />7 <br />25D-21 <br />
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