HUMPHRIES, VALERIE R. - Laserfiche WebLink

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Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. The defaulting party shall immediately commence to cure such default and shall complete such cure within thirty (30) days after the date of the notice unless the default requires an expenditure of over $10,000, or issuance of a building permit, then the defaulting party shall complete such cure within one hundred and eighty days (ISO) after the date of the notice. Except as expressly provided in this OPA, 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 either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 12. ATTORNEYS' FEES. hi the event that any legal action is instituted by a party hereto to enforce the provisions of this OPA, the parties agree that the non -prevailing party shall be responsible for, and shall pay all costs and attorneys' fees incurred by the prevailing party in enforcing this OPA. 13. LEGAL ACTIONS. 13.1 Institution of Legal Actions. In addition to any other rights or remedies, a party hereto may institute legal action to cure, correct or remedy any default by another party, to recover damages for any such default, or to obtain any other remedy consistent with the purpose of this OPA. Such Iegal actions must be instituted in the appropriate court in the County of Orange, California. 13.2 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this OPA. 13.3 Acceptance of Service of Process. lam the event that any legal action is commenced by Owner against Agency or City, service of process on Agency shall be made by personal service upon the Secretary of the Agency, and on City by personal service upon the City Clerk, or in such other manner as may be provided by applicable law. In the event that any legal action is commenced by Agency against Owner, service of process shall be made by personal service upon Owner or in such other manner as may be provided by applicable law. 14. RIGHTS AND REMEDIES CUMULATIVE. Except with respect to any rights and remedies expressly declared to be exclusive in this OPA, the rights and remedies of the parties hereto are cumulative, and the exercise by a 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 another party. 16