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the defaulting Party does not cure such default within thirty (30) calendar days <br />after service of the notice of default (or, if such cure reasonably takes longer than <br />thirty (30) days, if such cure has not been commenced within the thirty (30) day <br />period and is promptly completed within a reasonable time, not to exceed ninety <br />(90) calendar days), the defaulting Party shall be in Default of the terms of the <br />Inclusionary Housing Agreement, and shall be liable to the other Party for <br />damages caused by such Default. Alternatively, the non - defaulting Party, at its <br />option, may institute an action for specific performance of the terms of this <br />Inclusionary Housing Agreement. <br />II. Legal Actions <br />In addition to any other rights or remedies, either Party may institute legal action <br />to cure, correct or remedy any Default, to recover damages for any Default, or to <br />obtain any other remedy consistent with the purposes of this Inclusionary <br />Housing Agreement. Further, in the event that the Developer sells or rents any <br />of the Inclusionary Units in violation of this Inclusionary Housing Agreement, as <br />restitution to the City, the Developer shall forfeit all monetary amounts obtained <br />through the sale or rental of the Inclusionary Units. All such restitution shall be <br />made to the City, and shall be placed in the City's Inclusionary Housing Fund. <br />II -A. The laws of the State of California shall govern the interpretation and <br />enforcement of this Inclusionary Housing Agreement. <br />II -B. In the event that any legal action is commenced by the Developer against <br />the City, service of process on the City shall be made by personal service <br />upon the City Manager, or in such other manner as may be provided by <br />law. <br />II -C. In the event that any legal action is commenced by the City against the <br />Developer, service of process shall be made by personal service on the <br />Developer's designated agent at such address as may be specified in <br />written notice to the City, or in such other manner as may be provided by <br />law, and shall be valid whether made within or without the State of <br />California. <br />III. Rights and Remedies are Cumulative <br />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 <br />Indusionary Housing Agreement Page 11 <br />City of Santa Ana November 4, 2013 <br />7501-106 <br />