OPA: Grimshaw House - City of Anaheim

commenced by Developer against Agency, service of process on Agency shall be made by
personal service upon the Executive Director or in such other manner as may be provided
by law. In the event that any legal action is commenced by Agency against Developer,
service of process on Developer shall be made in such manner as may be provided by
law.
707. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in
this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by
either Party of one or more of such rights or remedies shall not preclude the exercise by it,
at the same or different times, of any other rights or remedies for the same Default or any
other Default by the other Party.
708. Inaction Not a Waiver of Default. Any failures or delays by either Party in
asserting any of its rights and remedies as to any Default shall not operate as a waiver of
any Default or of any such rights or remedies, or deprive either such Party of its right to
institute and maintain any actions or proceedings which it may deem necessary to protect,
assert or enforce any such rights or remedies.
709. Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Agreement.
710. Attorneys’ Fees. In any action between the Parties to interpret, enforce, reform,
modify, rescind or otherwise in connection with any of the terms or provisions of this
Agreement, the prevailing party in the action or other proceeding shall be entitled, in
addition to damages, injunctive relief or any other relief to which it might be entitled,
reasonable costs and expenses including, without limitation, litigation costs, expert
witness fees and reasonable attorneys’ fees.
800. TRANSFERS AND ASSIGNMENTS OF INTEREST IN PROPERTY OR
AGREEMENT.
801. General Prohibition Against Developer’s Transfers and Assignments. The
qualifications and identity of Developer are of particular concern to Agency. It is because
of those unique qualifications and identity that Agency has entered into this Agreement
with Developer. For the period commencing upon the date of this Agreement and until
the expiration of the Developer’s Sales Period, no voluntary or involuntary successor in
interest of Developer shall acquire any rights or powers under this Agreement, nor shall
Developer make any total or partial sale, transfer, conveyance, assignment, subdivision,
refinancing or other transfer of the whole or any part of the Site or the Improvements
thereon (collectively, a “Transfer”) without prior written approval of Agency, except as
expressly set forth herein. Any proposed total or partial sale, transfer, conveyance,
assignment, subdivision, refinancing or lease of the whole or any part of the Site, or the
Improvements shall entitle Agency to (i) Agency’s right to terminate this Agreement, as
set forth in Section 704 of this Agreement and (ii) Agency’s right to reenter, take
possession of, and revest in Agency title to, the Site, as set forth in Section 705 of this
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