Agmt 2010 Mercy Housing California XXXIII LP etc

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construed to be a waiver of any such right, power, or remedy, or any acquiescence in any breach or default hereunder; nor shall any waiver of any breach or default of any Party hereunder be deemed a waiver of any default or breach subsequently occurring. All rights and remedies granted to any Party hereunder shall remain in full force and effect notwithstanding any single or partial exercise of, or any discontinuance of, any action begun to enforce any such right or remedy. The rights and remedies specified herein are cumulative and not exclusive of each other or of any rights or remedies which any Party would otherwise have. Any waiver, permit, consent, or approval by any Party of any breach or default hereunder must be in writing and shall be effective only to the extent set forth in such writing signed by the Party to be charged and only as to that specific instance. 9.6 Non-Exclusive Remedies. In the event of a breach of any provision of this Agreement, the Parties, in addition to and not in lieu of the remedies expressly provided in this Agreement, shall be entitled to exercise such remedies that exist at law or equity to enforce this Agreement, including but not limited to seeking specific performance. 9.7 Binding Effect. This Agreement shall be binding on, and inure to the benefit of, the successors and assigns of the Parties. Nothing in this Agreement, expressed or implied, is intended to confer upon any person (other than the Parties) any rights or benefits. The Parties are of legal age, legally competent to execute this Agreement, and accept full responsibility under this Agreement. Also, the Parties freely and voluntarily enter into this Agreement. By signing below, each Party acknowledges that it had an opportunity to consult with an attorney prior to signing. 9.8 Controlling Law; Venue. The Agreement was made in the State of California, and shall be construed in accordance with California law. Any action related to enforcement and/or interpretation of this Agreement shall be brought in the County of Alameda. 9.9 Attorneys' Fees. Each of the Parties will bear its own fees and costs. If a Party commences a legal action against another other Party to enforce a provision of this Agreement or any instrument or agreement required under this Agreement, the prevailing Party will be entitled to recover all of its costs and its reasonable attorneys' fees from the other Party. 9.10 Headinas. Captions, section headings, and numbers have been set forth in this Agreement for convenience only and are not to be used in construing this Agreement. 1434123.1 4 Agreement and Release of Claims Girls, Inc. water intrusion damage claim