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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> and electrical codes, and all other provisions of the City and its Municipal Code, and all-applicable <br /> disabled and handicapped access requirements, Including, without the limitation, the Americans <br /> With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 at seq., and the Unruh <br /> Civil Rights Act, Civil Code § 51 et seq. ("Governmental Requirements"). <br /> 10. DEFAULTS AND REMEDIES <br /> <br /> If any party defaults In performance of its obligations, covenants or agreements hereunder, <br /> the defaulting party shall be entitled to cure the default in accordance with thus section. The injured <br /> party shall give written notice of default to (lie party in default, specifying the default complained of <br /> by the injured party. Delay In giving such notice shall not constitute a waiver of any default nor <br /> shall it change the time of-default. Thu defaulting party must, within thirty (30) days, following <br /> service of said notice, commence to cure, correct or remedy such failure or delay and shall complete <br /> such cure, correction, or remedy with reasonable diligence. <br /> 11, INSTITUTION OF LEGAL ACTIONS <br /> Subject to the provisions of Section 13. hereof, In addition to any other rights or remedies, either <br /> party may institute legal action to cure, correct or remedy any default to recover damages for any <br /> default, or to obtain any other remedy consistent with the purpose of this Agreement. <br /> <br /> 12. APPLICABLE LAW <br /> <br /> This Agreement and all questions relating to its validity, interpretation, performance, and <br /> enforcement shall be governed and construed in accordance with the laws of the State of California. <br /> This Agreement has been executed and delivered in the State of California mid the validity, <br /> interpretation, performance, and enforcement of any of the clauses of this Agreement shall be <br /> determined and governed by the laws of the State of California. All parties further agree that <br /> Orange County, California, shall be the venue for any action or proceeding that may be brought or <br /> arise out of, in connection with or by reason of this Agreement. <br /> 13. PdOHTS AND REMEDIES ARE CUMULATIVE <br /> Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the <br /> rights and remedies of the parties are cumulative and the exercise by either party of one or more of <br /> such rights or remedies shall not preclude the exercise by it, at the same or different times, of any <br /> other rights or remedies for the same default or any other default by the other party. <br /> <br /> <br /> <br /> <br /> <br /> <br /> EXHIBIT D <br /> R Ordlnance No. NS-2880 <br /> Page 37 of 61 <br /> <br /> <br /> <br /> 75A-98 <br />