05 - Laserfiche WebLink

21. Brokers. Each Party represents and warrants to the other that no person or entity can properly claim a right to a real estate commission, brokerage fee, finder's fee, or other compensation with respect to the transaction contemplated by this Agreement Each Party agrees to defend, indemnify and hold harmless the other Party from any claims, expenses, costs or liabilities arising in connection with a breach of this warranty and representation The terms of this Section shall survive the expiration or earlier termination of this Agreement 22. Assignment. Buyer shall have the right to assign all rights and obligations under this Agreement to any party and Seller's approval of any such assignment shall not be necessary 23. Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section All such notices shall be sent by (i) personal delivery, in which case notice is effective upon delivery, (ii) certified or registered mail, return receipt requested. in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt, or (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service Buyer: City of Pleasanton 123 Main Street Pleasanton, CA 94566 Attention City Manager With a copy to Burke, Williams & Sorensen, LLP 1901 Harrison Street, 9th floor Oakland, CA 94612 Attention Susan E Bloch, Esq Seller: Pleasanton Gardens, Inc 25 I Kottinger Ave Pleasanton, CA 94566 Attention Tim Hunt 24. Litigation Costs. If any legal action or any other proceeding. including arbitration or action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged breach or default in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and other costs, in addition to any other relief to which such Party may be entitled 25. Waivers; Modification. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving party An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and 13 OAK#4845-6421-9189 v5