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• • 10.09 Rights and Remedies Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies are cumulative, and the exercise or failure to exercise one or more of such rights or remedies by either Party shall not preclude the exercise by it, at the same time or different times, of any right or remedy for the same default or any other default. 10.10 Real Estate Commissions. Neither Party shall be responsible to the other for any real estate commissions or brokerage fees which may arise from this Agreement or otherwise be incurred by the other Party. 10.11 Executive Director to Act on Behalf of Agency. Unless applicable law requires otherwise or the context indicates otherwise, where an action under this Agreement requires approval of the Agency, such approval may be granted or denied by the Executive Director. The Developer shall have the option of appealing the decision of the Executive Director to the Agency Board provided such appeal is requested in writing within ten (10) working days of the Executive Director's decision. 10.12 Applicable Law; Venue. This Agreement shall be interpreted under and pursuant to the laws of the State of California. Developer irrevocably and unconditionally submits to the jurisdiction of the Superior Court of the State of California for the County of Alameda or the United States District Court of the Northern District of California, as Agency may deem appropriate, or, if required, the Municipal Court of the State of California for the County of Alameda, in connection with any legal action or proceeding arising out of or relating to this Agreement. Assuming proper service of process, Developer also waives any objection regarding personal or in rem jurisdiction or venue. 10.13 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability. 10.14 Legal Actions. In the event any legal action is commenced to interpret or to enforce the terms of this Agreement or to collect damages as a result of any breach thereof, the Party prevailing in any such action shall be entitled to recover against the Party not prevailing all reasonable attorneys' fees and costs incurred in such action. 10.15 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest and assigns of each of the Parties hereto except that there shall be no transfer of any interest by any of the Parties hereto except pursuant to the terms of this Agreement. Any reference in this Agreement to a specifically named Party shall be deemed to 38 DOCS00746041 v4\24258,0002