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IWCLI 1g1I CIIVI:rupe IV.Yt.4Y4L33-t CI.C-4l Go-04.1M-OrJJWA LOOeIC <br /> agent,even if by agreement the agent may receive compensation for seances rendered,either in full or in part from the Seller.An agent acting only for a Buyer has <br /> the fallowing affirmative obligations. (1)To the Buyer:A fiduciary duty of utmost care,integrity,honesty,and loyalty in dealings with the Buyer. (2)To the Buyer and <br /> the Seller: a.Diligent exercise of reasonable skills and care in performance al the agent's dunes.b.A duty of honest and fair dealing and good ladh.c.A duly to <br /> disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to,or within the diligent attention and <br /> observation of,the Parties.An agent is not obligated to reveal to either Party any confidential information obtained from the other Party which does not involve the <br /> alfirnsanve dunes set forth above. <br /> (c) Agent Representing Both Seller and Buyer. A real estate agent,either acting directly or through one or more associate licenses,can legally be the <br /> agent of both the Seller and the Buyer in a transaction,but only with the knowledge and consent of both the Seller and the Buyer. (1)In a dual agency situation,the <br /> agent has the following affirmative obligations to both the Seller and the Buyer:a.A fiduciary duty of utmost care,integrity,honesty and loyalty in the dealings with <br /> either Seller or the Buyer.b.Other dunes to the Seller and the Buyer as stated above in their respective sections(a)or(b)of this paragraph 24.2.12)In representing <br /> both Seller and Buyer,the agent may not without the express permission of the respective Party,disclose to the other Party that the Seller will accept a price less than <br /> the listing price or that the Buyer will pay a price greater than the price offered. (31 The above duties of the agent in a real estate transaction do not relieve a Seller or <br /> Buyer from the responsibility to protect their own interests. Buyer and Seller should carefully read all agreements to assure that they adequately express their <br /> understanding of the transaction. A real estate agent is a person qualified to advise about real estate. II legal or tax advice is desired,consult a competent <br /> professional. <br /> (d) Further Disclosures. Throughout this transaction Buyer and Seller may receive more than one disclosure depending upon the number of agents <br /> assisting in the transaction. Buyer and Seller should each read its contents each time it is presented,considering the relationship between them and the real estate <br /> agent in this transaction and that disclosure Buyer and Seller each acknowledge receipt of a disclosure of the possibility of multiple representation by the Broker <br /> representing that principal This disclosure may be part of a listing agreement,buyer representation agreement or separate document. Buyer understands that <br /> Broker representing Buyer may also represent other potential buyers,who may consider make offers on or ultimately acquire the Property. Seller understands that <br /> Broker representing Seller may also represent other sellers with competing properties that may be of interest to this Buyer. Brokers have no responsibility with <br /> respect to any default or breach hereof by either Party. The Parties agree that no lawsuit or other legal proceeding involving any breach of duty,error or omission <br /> relating to this transaction may be brought against Broker more than one year after the Date of Agreement and that the liability(including court costs and attorneys <br /> fees),of any Broker with respect to any breach of duty,error or omission relating to this Agreement shall not exceed the fee received by such Broker pursuant to this <br /> Agreement;provided,however,that the foregoing limitation on each Brokers liability shall not be applicable to any gross negligence or willful misconduct of such <br /> Broker. <br /> 24.3 Confidential Information Buyer and Seller agree to identify to Brokers as'Confidential any communication or information given Brokers that is considered <br /> by such Party to be confidential <br /> 25. Construction of Agreement. In construing this Agreement,all headings and titles are for the convenience of the Parties only and shall not be considered a part <br /> of this Agreement. Whenever required by the context,the singular shall include the plural and vice versa. This Agreement shall not be construed as if prepared by <br /> one of the Parties,but rather according to as fair meaning as a whole as of both Parties had prepared it. <br /> 26. Additional Provisions. <br /> Additional provisions of this offer,if any,areas follows or are attached hereto by an addendum or addenda consisting of paragraphs through <br /> (II there are no additional provisions write"NONE"I <br /> ATTENTION:NO REPRESENTATION OR RECOMMENDATION IS MADE BY AIR CRE OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY,LEGAL EFFECT,OR TAX <br /> CONSEQUENCES OF THIS AGREEMENT OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO: <br /> 1. SEER ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS AGREEMENT. <br /> 2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PROPERTY.SAID INVESTIGATION SHOULD INCLUDE BUT NOT <br /> BE LIMITED TO:THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES,THE ZONING OF THE PROPERTY,THE INTEGRITY AND CONDITION OF ANY STRUCTURES <br /> ANO OPERATING SYSTEMS,AND THE SUITABILITY OF THE PROPERTY FOR BUYER'S INTENDED USE. <br /> WARNING:IF THE PROPERTY 15 LOCATED IN A STATE OTHER THAN CALIFORNIA,CERTAIN PROVISIONS OF THIS AGREEMENT MAY NEED TO BE REVISED TO <br /> COMPLY WITH THE[AWS OF THE STATE IN WHICH THE PROPERTY IS LOCATED. <br /> NOTE: <br /> 1, THIS FORM IS NOT FOR USE IN CONNECTION WITH THE SALE OF RESIDENTIAL PROPERTY. <br /> 2. IF EITHER PARTY ISA CORPORATION,IT IS RECOMMENDED THAT THIS AGREEMENT BE SIGNED BY TWO CORPORATE OFFICERS, <br /> The undersigned Buyer offers and agrees to buy the Property on the terms and conditions stated and acknowledges receipt( of a copy hereof. <br /> Date: /V/1/1,( � iJ <br /> BROKER BUYER <br /> Realty Advisors , of Pleasanton <br /> Ann: ;dark Sweeney By: <br /> Title: Name Printed: Nelson Fla it:- <br /> Title: .. .. Manaaer <br /> Address: 3875 Hopvard Road, Suite 194, Phone: ,1125; 931-5002 <br /> Pleasanton, California 94588 Fax: 925; 931-5482 <br /> Phone: :925; 963-7615 Email: nfialho@c3CVQfPleasan;. <br /> Fax: <br /> Email: markowensweenev@amail.com By: <br /> Federal ID No.: Name Printed: <br /> Broker/Agent BRE License II: 005'6B 78 Title: <br /> Phone: <br /> Fax: <br /> APPROVED AS TO FORM: Emai: <br /> uj,/,� Address: 123 Main Street, Pleasanton, <br /> California 94566 <br /> ASSISTANT CITY ATTORNEY Federal ID No.: 9 9-6 000 3 9 7_ <br /> 27. Acceptance. <br /> 27.1 Seller accepts the foregoing offer to purchase the Property and hereby agrees to sell the Property to Buyer on the terms and conditions therein specified. <br /> 27.2 In consideration of real estate brokerage service rendered by Brokers,Seller agrees to pay Brokers a real estate Brokerage Fee in a sum equal to <br /> Nof the Purchase Price,of which Colliers International shall receive%,;j°:,mid WS Heully Atiuisors shun'receive <br /> a%.it v „•w..i,,,.,„ri tp,.i.ow. ..,..,i^,-, :-."Y.,4...�. _r.,.i.,ff �xu+.0 a.. This Agreement shall serve as an irrevocable <br /> instruction to Escrow Holder to pay such Brokerage Fee to Brokers out of the proceeds accruing to the account of Seller at the Closing. <br /> 27.3 Seller acknowledges receipt of a copy hereof and authorizes Brokers to deliver a signed copy to Buyer. os <br /> r <br /> Page 7 of 8 <br /> INITIALS Last Edited:10/31/2018 2:10 PM INITIALS <br /> ©2017 AIR CRE. All Rights Reserved. OFA-20.00,Revised 01-03-2017 <br />