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9.9.82 <br />C169-107 <br /> <br />breach or default if such action is dismissed upon the other <br />party's payment of the sum allegedly due for performance of <br />the covenant allegedly breached or if the party obtains <br />substantially the relief sought by it in the action. <br /> <br /> 9. Default. If Buyer defaults on any obliga- <br />tions created by this agreement or is in breach of any of <br />its covenants contained herein, and such default or breagh <br />is not cured within ninety (90) days of its receipt of <br />written notice from Valley, Sente, or the City, Valley, <br />Sente or the City may utilize all remedies at law and <br />equity, including specific performance, or may terminate <br />Buyer's rights under this agreement, provided, however, in <br />the case of a default not reasonably curable within ninety <br />(90) days, and which default is not caused by wilfull mis- <br />conduct or active negligence of Buyer, the City may not <br />terminate Buyer's rights under this agreement, provided <br />Buyer is diligently proceeding to cure said default. <br /> <br /> 10. Recordation and Delivery to City. This <br /> <br />agreement shall be recorded in Alameda County. Upon recor- <br />dation, Buyer shall deliver to the City a copy of this <br />agreement, as recorded. <br /> <br /> 11. Time. Time is of the essence of this agree- <br />ment, except where otherwise expressly provided. <br /> <br /> 12. Notices. All notices herein required shall <br />be in writing and delivered in person or sent by registered <br />mail, postage prepaid, and shall be deemed to have been <br /> <br />~6- <br /> <br /> <br />