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be obligated to further perform under this Agreement with respect to such Phase and there shall <br />be no further rights or obligations between the parties with respect to such Phase, except that if <br />the Agency is in default hereunder then the Developer, after delivery of notice of default and <br />expiration of the cure period provided in Section 501 hereof, may pursue any remedies they it <br />has at law or equity against the Agency in accordance with Section 502 hereof. <br />503.3 Termination by Either Party. In the event that the Agency is prohibited <br />by law from using money from the Housing Fund to fulfill any of its obligations hereunder or the <br />use of the other funding sources by Developer triggers the requirement to pay prevailing wages, <br />then each party may terminate this Agreement as to any Phase which has not previously been <br />conveyed to the Developer, and neither party shall have any further rights or obligations with <br />respect to the other with respect to the terminated Phases. <br />504. Acceptance of Service of Process. In the event that any legal action is <br />commenced by the Developer against the Agency, service of process on the Agency shall be <br />made by personal service upon the Agency Executive Director or in such other manner as may <br />be provided by law. In the event that any legal action is commenced by the Agency against the <br />Developer, service of process on the Developer shall be made in any manner as may be provided <br />by law. <br />505. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in <br />this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either <br />party of one or more of such rights or remedies shall not preclude the exercise by it, at the same <br />or different times, of any other rights or remedies for the same default or any other default by the <br />other party. <br />506. Inaction Not a Waiver of Default. Any failures or delays by either party in <br />asserting any of its rights and remedies as to any Default shall not operate as a waiver of any <br />Default or of any such rights or remedies, or deprive either such party of its right to institute and <br />maintain any actions or proceedings which it may deem necessary to protect, assert or enforce <br />any such rights or remedies. <br />507. Force Majeure; Extension of Times of Performance. In addition to specific <br />provisions of this Agreement, performance by either party hereunder shall not be deemed to be in <br />Default, and all performance and other dates specified in this Agreement shall be extended, <br />where delays or Defaults are due to: war; insurrection; strikes; lockouts; riots; floods; <br />earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine <br />restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; <br />litigation; mandamus proceedings; administrative proceedings; unusually severe weather; <br />inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or <br />supplier; acts or omissions of the other party; acts or failures to act of the City or any other <br />public or governmental agency or entity (other than the acts or failures to act of the City or <br />Agency which shall not excuse performance by the Agency); or any other causes beyond the <br />control or without the fault of the party claiming an extension of time to perform. <br />Notwithstanding anything to the contrary in this Agreement, an extension of time for any such <br />cause shall be for the period of the enforced delay and shall commence to run from the time of <br />the commencement of the cause, if notice by the party claiming such extension is sent to the <br />60 <br />D ocsoGl400673v14/200272-0001