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ARTICLE 2- "AS IS" SALE <br /> 2. "As-Is" Sale. City shall acquire the Properties in their"as-is"condition with no <br /> representations or warranties from County. <br /> ARTICLE 3—MISCELLANEOUS <br /> 3.1 Binding on Successors. The terms, covenants and conditions herein contained shall be <br /> binding upon and inure to the benefit of the successors and assigns of the parties hereto. <br /> 3.2 Dispute Resolution Procedures. The parties shall follow the procedures set forth in this <br /> section to try and resolve any disputes under this Agreement. Any party may provide <br /> written notice to the other party requesting to meet and confer on any issue of dispute. <br /> Within 15 days after delivery of such notice,the parties shall meet and confer in an effort <br /> to try and resolve the issue. The parties shall engage the services of a mediator if they are <br /> unable to resolve the issue themselves. The costs of the mediator shall be shared equally <br /> by the parties. <br /> 3.3 Attorneys' Fees. In the event of any litigation regarding the rights and obligations of the <br /> parties under this Agreement, the prevailing party shall be entitled to reasonable <br /> attorneys' fees(including those of in-house counsel) and court costs. Prior to filing <br /> litigation, the parties will follow the dispute resolution procedures set forth in Section 3.2 <br /> of this Agreement. <br /> 3.4 Notices. All notices or other communications required or permitted hereunder shall be in <br /> writing and either delivered by hand delivery(including receipted express courier or <br /> delivery service)or electronic mail(e.g., telecopy)or deposited in the United States mail <br /> first-class, postage prepaid and addressed as follows: <br /> To County: Alameda County <br /> Public Works Agency <br /> 399 Elmhurst Street <br /> Hayward, CA 94544-1307 <br /> Attention: Public Works Director <br /> Facsimile: (510) 670-5247 <br /> To City: City of Pleasanton <br /> 123 Main Street <br /> Pleasanton, CA 94566 <br /> Attn: City Manager <br /> Facsimile: (925)931-5482 <br /> Notices which are delivered by hand or electronic mail shall be deemed received upon delivery; <br /> notices which are deposited in the United States mail in accordance with the terms of this Section <br /> shall be deemed received three(3)days after the date of mailing. The foregoing addresses may <br /> be changed by notice to the other party as herein provided. <br /> 6 <br />