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1 <br /> 21. Brokers. Each Party represents and warrants to the other that no person or entity <br /> can properly claim a right to a real estate commission, brokerage fee, finder's fee, or other <br /> compensation with respect to the transaction contemplated by this Agreement. Each Party agrees <br /> to defend, indemnify and hold harmless the other Party from any claims, expenses, costs or <br /> liabilities arising in connection with a breach of this warranty and representation. The terms of <br /> this Section shall survive the expiration or earlier termination of this Agreement. <br /> 22. Assignment. Buyer shall have the right to assign all rights and obligations under <br /> this Agreement to any party and Seller's approval of any such assignment shall not be necessary. <br /> 23. Notices. Except as otherwise specified in this Agreement, all notices to be sent <br /> pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective <br /> addresses specified below or to such other address as a Party may designate by written notice <br /> delivered to the other parties in accordance with this Section. All such notices shall be sent by: <br /> (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered <br /> mail, return receipt requested, in which case notice shall be deemed delivered on receipt if <br /> delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with <br /> charges prepaid or charged to the sender's account, in which case notice is effective on delivery <br /> if delivery is confirmed by the delivery service. <br /> Buyer: City of Pleasanton <br /> 123 Main Street <br /> Pleasanton, CA 94566 <br /> Attention: City Manager <br /> With a copy to: Burke, Williams & Sorensen, LLP <br /> 1901 Harrison Street, 9th floor <br /> Oakland, CA 94612 <br /> Attention: Susan E. Bloch, Esq. <br /> Seller: Pleasanton Gardens, Inc. <br /> 251 Kottinger Ave. <br /> Pleasanton, CA 94566 <br /> Attention: Tim Hunt <br /> 24. Litigation Costs. If any legal action or any other proceeding, including <br /> arbitration or action for declaratory relief, is brought for the enforcement of this Agreement or <br /> because of an alleged breach or default in connection with this Agreement, the prevailing Party <br /> shall be entitled to recover reasonable attorneys' fees and other costs, in addition to any other <br /> relief to which such Party may be entitled. <br /> 25. Waivers; Modification.No waiver of any breach of any covenant or provision of <br /> this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no <br /> waiver shall be valid unless in writing and executed by the waiving party. An extension of time <br /> for performance of any obligation or act shall not be deemed an extension of the time for <br /> performance of any other obligation or act, and no extension shall be valid unless in writing and <br /> 13 <br /> OAK#4845-6421-9189 v5 <br />