Memorandum Of Understanding Between A California Charter School And A California Public School District And The State Of California, State Allocation Board And California School Finance Authority Page 13
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1717078.57(a)(3)(B); and (v) in the event any proceeds remain, equally
prorated between the State and the school District.
F.
The State may proceed by appropriate court action to enforce specific
performance by the Charter School of its covenants under the Funding
Agreement and this Memorandum of Understanding and under the terms
of accepting funding under the CSFP, or to recover damages for the
breach thereof, including without limitation for the recovery of all past due
payments together with interest and late charges, and all other sums due
the State. The Charter School shall pay or repay to the State all costs of
such action or court action, including, without limitation, reasonable
attorneys’ fees and costs.
The School District may proceed by
appropriate court action to enforce the Memorandum of Understanding
and the Use Agreement against the Charter School.
In the event of the Charter School’s default and the recovery of the
G.
Facilities by the School District, the State shall have the right to recover
from the Charter School (i) the amount of all outstanding payments or
other obligations (whether direct or indirect owed by the Charter School to
the State), if any, which are then due and owing, together with interest and
late charges, and (ii) any other amounts due from the Charter School to
the State, including indemnity payments, taxes, charges, reimbursement
of any advances and other amounts payable by the Charter School to the
State.
H.
Notwithstanding anything to the contrary, the State, the Charter School
and/or the School District may take whatever action at law or in equity that
may appear necessary or desirable to enforce its respective rights with
respect to this Memorandum of Understanding, the Funding Agreement,
or the Use Agreement or the Facilities, and the party or parties prevailing
in the action shall have all of their respective costs of such action or court
action, including, without limitation, reasonable attorneys’ fees and costs
as provided in this Memorandum of Understanding, the Funding
Agreement, and/or the Use Agreement or as otherwise permitted by law,
paid by the parties against whom the action was brought.
I.
No remedy herein conferred upon or reserved to the parties is intended to
be exclusive and every such remedy shall be cumulative and shall be in
addition to every other remedy given under this Memorandum of
Understanding, the Funding Agreement and the Use Agreement or
existing at law or in equity. No delay or omission to exercise any right or
power accruing upon any Event of Default shall impair any such right or
power or shall be construed to be a waiver thereof, but any such right or
power may be exercised from time to time and as often as may be
deemed expedient. In order to entitle either party to exercise any remedy
reserved to it in this Article, it shall not be necessary to give any notice
CSFP MOU – Final as of 10/16/2007
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