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d. Civil citations with monetary penalties for violations of the <br />Inclusionary Housing Agreement. <br />2. If the Developer rents any of the Inclusionary Units in violation of this <br />Inclusionary Housing Agreement, as restitution to the City, the Developer <br />shall forfeit all monetary amounts obtained through the rental of the <br />Inclusionary Units. <br />3. If the Developer sells any of the Inclusionary Units in violation of this <br />Inclusionary Housing Agreement, as restitution to the City, the Developer <br />shall forfeit all monetary amounts obtained from the sale of the <br />Inclusionary Units that are in excess of the Affordable Sales Price <br />permitted by this Inclusionary Housing Agreement for such Inclusionary <br />Units. <br />4. All such restitution shall be made to the City. Any funds received by the <br />City under this provision of this Inclusionary Housing Agreement shall be <br />placed in the City's Inclusionary Housing Fund. <br />II -B. The laws of the State of California shall govern the interpretation and <br />enforcement of this Inclusionary Housing Agreement. <br />II -C. 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 Clerk of the City Council, or in such other manner as may be <br />provided by law. <br />II -D. 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 />by it, at the same or different times, of any other rights or remedies for the same <br />Default or any other Default by the other Party. <br />Inclusionary Housing Agreement - Ownership Project Page 18 <br />City of Santa Ana <br />