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unless the exercise of such authority shall so interfere with the Operator's <br />operation of the Parking Facilities in the exercise of its rights under this <br />Agreement as to constitute a termination in whole or in part of this Agreement by <br />operations of law in accordance with the laws of the State of California. <br />26. DEFAULT <br />A. Any material failure or delay by either party to perform any material term <br />or provision of this Agreement, constitutes a default under this Agreement. <br />Except as otherwise provided below, upon the occurrence of a default, the <br />non-defaulting party may terminate this Agreement and may institute legal <br />action to cure, correct, or remedy the default or to recover damages for the <br />default. <br />B. Prior to terminating this Agreement or instituting any legal action due to a <br />default, the non-defaulting party shall give written notice of the default to <br />the defaulting party, specifying the nature to the default. The defaulting <br />party shall have thirty (30) days to cure, correct, or remedy the default, <br />and if the default is cured, corrected, or remedied within such time period, <br />the non-defaulting party shall be entitled to terminate this Agreement or <br />institute legal action due to the default. <br />C. Legal actions instituted due to any default must be instituted in the court <br />located in the County of Orange, State of California. <br />D. The rights and remedies of the parties are cumulative and the exercise by <br />either party of one or more of such rights or remedies shall not preclude <br />the exercise by it, at the same or different times, of any other rights or <br />remedies for the same default or any other default by the other party. <br />27. TERMINATION BY CITY <br />A. Termination with Cause. In addition to any other legal or equitable rights <br />available to the City hereunder, the City shall have the right to terminate <br />and cancel this Agreement in its entirety and all rights ensuring there from <br />upon five (5) days written notice if any one or more of the following <br />events shall occur: <br />The Operator fails to duly and punctually deposit the gross receipts <br />and deliver the deposit receipt to the City, or fails to make any <br />other payments required hereunder when due to the City within <br />two (2) business days after written notice from the City of such <br />failure to comply. <br />2. Failure of the Operator to maintain a quality of service satisfactory <br />to the Contract Administrator and required by Section 12 <br />("Responsibilities And Requirements Of Operator") hereof, after <br />22 <br />25D-52