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specific performance of the terms of this r m n t, or to cure, correct or remedy any Default, <br />to recover damages for any Default, or to obtain any other remedy consistent with the purposes <br />of this Agreement. Specific performance shall be available as a remedy to the greatest extent <br />legally allowable. Such legal actions must be instituted in the Superior Court of the County of <br />Orange, State of CaJifornia, in an appropriate municipal court in that county, or in the United <br />States District Court for the Central District of Califomia. Notwithstanding anything to the <br />contrary contained herein, nothing in this Agreement, inclu d in a the Attachments and in any <br />Implementation Agreements hereto, shall be construed to provide that a Default relating to one <br />Phase shall constitute a Default under any other Phase, i.., there shall be no cross defaults <br />between Phases or each Phase's Developer entity. Accordingly, any rights and remedies o n h t <br />under this Agreement following a Default shall be limited to the Phase in which such Default <br />occurred. <br />503. Rights of 'Termination. <br />03.1 Termination by en cy. In the event that the Agency is not in Default <br />under this Agreement, and a the Developer does not fulfill one or more of the Agency's <br />Conditions Precedent with respect to a Phase which is capable of being .satisfied by the <br />Developer on or before the time set forth herein or in the Schedule of Performance) and such <br />condition is not satisfied after notice and an opportunity to cure as provided in Section 501 <br />hereof, and such failure is not caused by the Agency; orb the Developer is otherwise in Default <br />under the terms of this r ement and fails to cure such Default within the. time set forth in <br />Section 501 hereof; then this Agreement and any rights of the Developer or any assignee or <br />transferee with respect to or arising out of this Agreement shall , at the option of the Aaency, be <br />terminated as to such Phase by written notice thereof to the Developer. From the date of the <br />written notice of termination of this Agreement as to such Phase by the Agency to the Developer <br />and thereafter this Agreement shall be deemed terminated as to such Phase (but not as to any <br />other Phase), then the Aaency shall riot be obligated to make any further disbursement of the <br />Agency Doan for such Phase or of any Homehu yer Assistance Doan, repayment of the <br />Promissory Note relating to such Phase shall be accelerated* and there shall he no further rights <br />or obligations between the parties with respect to such Phase, except that i f the Developer is in <br />default hereunder, the Agency, after delivery of notice of default and expiration of the cure <br />period provided in Section 501 hereof, may pursue any remedies it has at law or equity against <br />the Developer in accordance with Section 502 hereof. <br />503.2 Termination by Developer. In the event the Developer is not in Default <br />under this Agreement, and a the Agency does not fulfill one or more of the Developer's <br />Conditions Precedent with respect to a Phase which is capable of being satisfied by the Agency <br />on or before the time set forth in this Agreement or in the Schedule of Performance) and such <br />condition is not satisfied after notice and an opportunity to cure as provided in Section 501 <br />hereof, and such failure is not caused by the Developer; orb the Agency is otherwise in Default <br />under the terns of this Agreement and fails to cure such Default within the time set forth in <br />Section 501 hereof-, Mien this Agreement and any rights of the Agency with respect to or arising <br />out of this Agreement shall, at the option of the Developer, be terrain ate d as to such Phase by <br />written notice thereof to the Agency. From the date of the written notice of termination of this <br />Agreement as to such Phase by the Developer to the Agency and thereafter this Agreement shall <br />be deemed terrnin ate d as to such Phase but not as to any other Phase), the Developer shall no t <br />D OC S 00 14 0067 3v 1 4/200272 - 1 <br />