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COMPANY SHALL RETURN THE DEPOSIT (EXCLUDING THE INITIAL DEPOSIT) <br />TOGETHER WITH ACCRUED INTEREST THEREON TO BUYER. IF THE SALE IS <br />NOT CONSUMMATED BECAUSE 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 AGREED 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 IQUIDATED DAMA S PR ISION. <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 Finance Department <br />City and County of San Francisco City of Pleasanton <br />25 Van Ness Avenue, Suite 400 123 Main St <br />San Francisco, CA 94102 Pleasanton, CA 94566 <br />Attn: Director of Property Attn: Director of Finance <br />Re: 401 & 403 Old Bernal <br />Avenue, Pleasanton <br />with a copy to: with a copy to: <br />Deputy City Attorney <br />Office of the City Attorney City Attorney <br />City Hall, Room 234 Office of the City Attorney <br />1 Dr. Carlton B. Goodlett Place 123 Main Street <br />San Francisco, CA 94102 Pleasanton, CA 94566 <br />Attn: Real Estate/Finance Team <br />Re: 401 & 403 Old Bernal Avenue, Attn: City Attorney <br />Pleasanton <br />and: <br />10 <br />