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8.1 Remedies. If either Party defaults under this Agreement, and such default is not cored <br />within thirty (30) days following the date of written notice of default, then the other Party <br />may either: (i) terminate this Agreement by written notice, whereupon this Agreement and <br />the obligations of the Parties hereunder shall terminate (other than those obligations that <br />expressly survive a termination of this Agreement); or (ii) bring an action for specific <br />performance of this Agreement. <br />9. Miscellaneous <br />9.1 Notice. All notices or other communication provided for under this Agreement shall be in <br />writing, and shall be delivered personally, sent by reputable overnight mail equivalent <br />carrier, or sent by registered or certified mail, return receipt requested, postage prepaid, <br />addressed to the person to receive such notice or communication at the following address <br />and shall be effective upon the earlier of actual receipt (including by facsimile) or refusal to <br />accept delivery: <br />If to the City: The City of Santa Ana <br />Clerk of the Council <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />With a copy to: City Attorney <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />If to JPacific: JPacific International <br />13710 Studebaker Rd., Suite 200 <br />Norwalk, CA 90650 <br />Notice of change of address shall be given by written notice in the manner set forth in this <br />subsection. <br />9.2 Time is of the Essence. Time is of the essence with respect to each and every provision <br />hereof. <br />9.3 Waivers. The waiver by either Party of any breach of any covenant or agreement herein <br />contained on the part of the other Party shall not be deemed or held to be a waiver of any <br />subsequent or other breach of said covenant or agreement nor a waiver of any breach of <br />any other covenants or agreements contained herein. <br />9.4 Assignment. Neither this Agreement, nor any interest herein, shall be assignable by any <br />Party without prior written consent of the other, non -assigning Party hereto. <br />9.5 Inurement. Subject to the restrictions against assignment as herein contained, this <br />Agreement, and all the terms, covenants, and conditions hereof, shall inure to the benefit of <br />and shall be binding upon, the assigns, successors in interest, personal representatives, <br />estates, heirs and legatees of the respective parties hereto. <br />Page 8 of 13 <br />