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2005. Institution of Legal Actions. In addition to any other rights or remedies and subject to the restriction otherwise set forth in this Agreement, either party may institute and action at law or equity to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court in the County of Orange, State of California, or in the District for the Central District of California. 2006. Acceptance of Service of Process. In the event that any legal action is commenced by the Developer against the City or Agency, service of process on the City or Agency shall be made by personal service upon the Executive Director of the City or Agency or in such other manner as may be provided by law. In the event that any legal action is commenced by the City or Agency against the Developer, service of process on the Developer shall be made by personal service upon the Chief Executive Officer of the Managing General Partner of the Developer or in such other manner as may be provided by law. 2007. Damages. In the event that the Agency/City is liable for damages to Developer, such liability shall not exceed costs incurred by the Developer in the performance of this Agreement and shall not extend to compensation for loss of future income, profits or assets; provided, however, Developer's only remedy for any breach of this Agreement by the Agency/City shall be an action for specific performance of such party's obligations or exercise of Developer's right to terminate this Agreement pursuant to Section 2002(f). 2008. Nonrecourse Liability. Neither Developer, nor any partner of Developer, shall have any personal liability under this Agreement, the Agency Promissory Note, the City Promissory Note, and Deeds of Trust, and any judgment, decree or order for the payment of money obtained in any action to enforce the obligation of Developer to repay the loan evidenced by such documents shall be enforceable against Developer only to the extent of Developer's interest in the Property. 2009. Cumulative Remedies; No Waiver. Agency/City's rights and remedies under the Project Documents are cumulative and in addition to all rights and remedies provided by law. The exercise by Agency/City of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice the Agency or City in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by Agency/City to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of any Project Document shall be construed as a waiver of any subsequent breach of the same provision. Agency/City's consent to or approval of any act by Developer requiring further consent or approval shall not be deemed to waive or render unnecessary Agency/City's consent to or approval of any subsequent act. The Agency or the City's acceptance of the late performance of any obligation shall not constitute a waiver by Agency/City of the right to require prompt performance of all further obligations; Agency/City's acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of either party's right to proceed with the exercise of its remedies for any unfulfilled obligations; and Agency/City's acceptance of any partial performance shall not constitute a waiver by Agency/City of any rights. DOCSOC/ 1469583 v5/200272-0003 59