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8D Consent 2016 0119
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8D Consent 2016 0119
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Last modified
1/27/2016 2:46:21 PM
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1/14/2016 5:14:14 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
1/19/2016
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PERM
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_CC Agenda 2016 0119 CS+RG
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Path:
\City Clerk\City Council\Agenda Packets\2016\Packet 2016 0119
Reso 2016-008
(Reference)
Path:
\City Clerk\City Council\Resolutions\2016
SA Reso 2016-001
(Reference)
Path:
\City Clerk\City Council\Resolutions\2016
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5.3 Remedies. Upon the occurrence of any Event of Default, City, in addition to any <br />other remedies provided herein or by law, has the right, at its option without any further <br />demand or notice, to take one or any combination of the following remedial steps: <br /> <br />(a) declare that outstanding Loan, and all other sums owing to City under this <br />Agreement immediately due and payable, and <br /> <br />(b) take whatever other action at law or in equity which may appear necessary or <br />desirable to collect the amounts then due and thereafter to become due <br />hereunder or to enforce any other of the rights of City hereunder. <br /> <br />5.4 Disclaimer. If City elects to employ any of the remedies available to it in <br />connection with any Event of Default, City will not be liable for: (1) the payment of any <br />expenses incurred in connection with the exercise of any remedy available to City, and <br />(2) the performance or nonperformance of any other obligations of City under this <br />Agreement. <br /> <br />ARTICLE 6 <br />MISCELLANEOUS <br /> <br />6.1 Notices. Any notice, request or consent required pursuant to this Agreement <br />shall be deemed given when delivered personally or three (3) business days after be ing <br />deposited in the U.S. mail, first class postage prepaid, return receipt requested, <br />addressed as follows: <br /> <br /> If to Successor Agency: Successor Agency of the Community Development <br /> Agency of the City of San Leandro <br /> 835 E. 14th St. <br /> San Leandro, CA 94577 <br /> Attention: Executive Director <br /> <br /> If to City City of San Leandro <br /> 835 E. 14th St. <br /> San Leandro, CA 94577 <br /> Attention: City Manager <br /> <br />or to such other addresses as the parties may designate by notice as set forth above. <br /> <br />6.2 Successors and Assigns. All of the terms of this Agreement shall apply to and be <br />binding upon, and inure to the benefit of, the successors and permitted assigns of City <br />and Successor Agency, respectively, and all personal claiming or through them. <br /> <br />6.3 Attorney’s Fees. If any action is instituted by any party to enforce this Agreement <br />or to collect any sums due hereunder or pursuant to this Agreement, the prevailing party <br />in such action shall be entitled to recover its costs and reasonable attorneys’ fees as <br />awarded by the court in that action.
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