Agmt 2006 Davis Street Family Resource Center DSFRC

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8.5 Waiver. No delay or omission in the exercise of any right or remedy by a non~defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this contract. 8.6 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this contract, 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. 8.7 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to complete specific performance of this contract, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of the contract. 8.8 Attorneys' Fees. If either party to this contract is required to initiate or defend or made a party to any action or proceeding in any way connected with this contract, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 9.0 CITY OFFICERS AND EMPLOYEES 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Subrecipient, or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to the Subrecipient or to its successor, or for breach of any obligation of the terms of this contract. 9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this contract nor shall any such officer or employee participate in any decision relating to the contract which affects his/her financial interest or the financial interest of any corporation, partnership or association in which s/he is, directly or indirectly, interested, in violation of any State statute or regulation. The Subrecipient warrants that it has not paid or given and will not payor give any third party any money or other consideration for obtaining this contract. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail To the City: City of San Leandro 835 E. 14th Street San Leandro, California 94577 Attention: Housing/CDBG Manager 11 CDBG Agreement with Davis 51. FY06-07 G:ICOMMUNITY DEVELOPMENT'tHOUSING SERVICES DlVISIONlCDBGISUBRECIPIENTSIDavis Street Family Resource CenterIFY2006-07IFY06-07 Davis St. CDBG Subrecipient Agreement.doc