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5. Closing and Related Costs. The Buyer shall pay for all costs including, but not limited to, preliminary soil testing, title reports, escrow, title insurance, surveying, and appraisals associated with the purchase of the Property, except Seller shall pay for any sale commission arising out of this purchase. Buyer and Seller are not aware of any sales commission arising out of this purchase at this time. Each party shall pay its own attorneys' fees in connection with the negotiating of this Agreement and closing the Escrow. Real estate taxes shall be prorated as of the date of the actual closing of the Escrow. Buyer shall install landscaping as per the Canyon Way Irrigation Plan, sheet 5 of 8, and the Canyon Way Planting Plan, sheet 6 of 8, designed by Nuvis Landscaping Architecture and Planning and the City of Pleasanton Public Works Department, dated 5/6/96, subject to reasonable changes due to field conditions or other physical considerations on site. 6. Time of the Essence. Time is of the essence of this Agreement. 7. Binding Effect. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors in interest, and assigns of the parties to/ itf~. `t~ ~ j 8. Closing Date. The transaction will be closed on or before ~ or at such other times as the parties may mutually agree, otherwise this Agreement shall terminate. 9. Notices. All notices and other communications required under this Agreement will be in writing and delivered either personally or by depositing the communication, postage prepaid, _ in the United States mail addressed to the party to whom the communication is directed at the following addresses: Seller: Cube III Associates c/o JB C Realty 400 Montgomery Street, Suite 930 San Francisco, CA 94104 Attn: Peter Meier Buyer: City of Pleasanton 123 Main Street Pleasanton, CA 94566 Attn: City Manager Either party to this Agreement may change mailing addresses by written notice to the other. 10. Entire Agreement. This instrument constitutes the entire agreement between the parties. No modification of this Agreement will be valid or binding unless such modification is in writing, duly dated and signed by both parties. 11. Effective Date. The date of the execution and effective date of this Agreement is the date first above set forth. (AGREEMENTS' CUBEfILSAM) 2