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NOT CONSUMMATED :ECAUSE OF ANY DEFAULT BY BUYER UNDER THIS <br /> AGREEMENT AND CITY IS NOT THEN IN DEFAULT, THEN THE TITLE <br /> COMPANY SHALL DELIVER THE DEPOSIT TOGETHER WITH ACCRUED <br /> INTEREST THEREON TO CITY, AND CITY SHALL BE ENTITLED TO RETAIN <br /> SUCH SUM AS LIQUIDATED DAMAGES. THE PARTIES HAVE AGREED THAT <br /> CITY'S ACTUAL DAMAGES, IN THE EVENT OF A FAILURE TO CONSUMMATE <br /> THIS SALE AS SPECIFIED IN THE PRECEDING SENTENCE, WOULD BE <br /> EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. AFTER <br /> NEGOTIATION, THE PARTIES HAVE AGREE I THAT, CONSIDERING ALL THE <br /> CIRCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT, THE <br /> AMOUNT OF THE DEPOSIT TOGETHER WITH ACCRUED INTEREST THEREON <br /> IS A REASONABLE ESTIMATE OF THE DAMAGES THAT CITY WOULD INCUR IN <br /> SUCH AN EVENT. BY PLACING THEIR RESPECTIVE INITIALS BELOW, EACH <br /> PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS <br /> MADE ABOVE AND THE FACT THAT EACH PARTY WAS REPRESENTED BY <br /> COUNSEL WHO EXPLAINED,AT THE TIME THIS AGREEMENT WAS MADE, THE <br /> CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. <br /> INITIALS CITY BUYER <br /> 10. GENERAL PROVISIONS <br /> 10.1 Notices <br /> Any notices, request, consent, or approval required or permitted to be given under this <br /> Agreement shall be in writing and shall be delivered(a) in person, (b) by certified mail, postage <br /> prepaid, return receipt requested, or(c) by U S Express Mail or commercial overnight courier <br /> that guarantees next day delivery and provides a receipt, Such notices, requests, consents, or <br /> approvals shall be addressed as follows <br /> CITY BUYER <br /> Real Estate Division <br /> City and County of San Francisco <br /> 25 Van Ness Avenue, Suite 400 <br /> San Francisco, CA 94102 <br /> Attn Director of Property <br /> Re 401 & 403 Old Bernall Avenue, <br /> Pleasanton <br /> with a copy to <br /> with a copy to. <br /> Deputy City Attorney <br /> Office of the City Attorney <br /> City Hall, Room 234 <br /> 1 Dr Carlton B Goodlett Place <br /> San Francisco, CA 94102 <br /> Attn Real Estate/Finance Team <br /> Re: 401 & 403 Old Bernal Avenue, <br /> Pleasanton <br /> and <br /> San Francisco Public Utilities Commission <br /> Real Estate Services Division <br /> 525 Golden Gate Avenue, 10th Floor <br /> 10 <br />