PC 2000-49 - Laserfiche WebLink

_r~_~onable specificity. If the alleged breaching party disputes the allegations in the Notice of Breach, then that party, within twenty-one (21) days of receipt of the Notice of Breach, shall daliver to the other party a Notice ofN°n~B~ ~n sets forth with reasonable specificity the r~ason~ that a breach has not occurred. Within fifteen (1 S) days following receipt of a Notice of · · ' If, afier good faith Non-Breach the Parties shall meet to discuss resoluuon of the alleged breach. mgofi~tion, the Parties fall to resolve th.e alleged breach within thirty (30) days, either Party may institute legal proceedings pursuant to Section 5.3 to enforce the terms of this Agr~cnent or may send a written notice to terminate this Agreement pursuant to Section $.4. The parties may agree to extmd the time periods set forth herein. e d es or ' c In the event of a ??.ach. of this Agreement, the remedies 5.3 ~' · ...... '~ °~-;s A"'~'ement in addition to any other available to a party shall include specmc ellloreem~t ox uu ce- remedy available at law or in equity. In addition, a non-breaching party may terminate this Agreement subject to the provisions of Section 5.4 below. All of these remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of these remedies shall not constitute a waiver or election with respect to any other available remedy. Each party in its sole and absolute discrefio~ shall have the right to waive any default by any other party. 5.4 Te ~r~ninafion in Event of Breach. In the event ora material breach of this Agr.~.me. nt, and failure~ .b_Y_tCtiotY;~ (a)~ .~__ ~ ,~ ,~ ~nenv Own may terminate Bis Agreement, sut~j~t tu cure pursuant to ~ecuuu ~.~, ,-,~, ~.vr---~ --er - the City setting forth the provisions of this Article 5, by sending a written Notice to Terminate to . . basis for the termination. The Agreement will be considered terminated effective upon receipt of a Notice of Termination. The City may take legal action available at law or in equity, if it believes Property Owner~s decision to terminate was not legally supportable. the event of a material breach of this Agreement, and failure to cure (b) In ~ - -'--- -'~-r the Execution Date, the City may pursuant to Section 5.2, by Property ~wner at any txm~ m,~ terminate this Agreement, subject to the provisions of this Article 5, by sending a Notice of Intent to Terminate to the Property Owner setting forth the basis for the termination. The Agreement will be considered terminated effective upon receipt of a Notice of Termination. The Property Owner may lake legal action available at law or in equity, if it believes the City's decision to terminate was not legally supportable. 5.5 ~. Pursuant to Code of Civil procedure Section 638, et seq., all legal actions shall be heard by a referee who shall be a retired judge from either the Alameda County Suporior ColLrt, the Califoruia Court of Appeal, the United States District Court or the United States Court of Appeals, provided that the selected referee shall have experience in resolving land use and real property disputes. Property Owner and City shall agree upon a single referee who shall then try all issues, whether of fact or law, and report a finding and judgment thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before such referee. If Property Owner and City are unable to agree on a referee within ten days of a written reques~ to do so by either party hereto, either party may seek to have one appointed pursuant to Code of Civil procedure Section 640. The cost of such proceeding shall initially be borne equally by the parties. Any referee selected pursuant to this Section 5.5 shall be o 20 - 35690/849375v$