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case may be, shall pay any and all costs and expenses incurred by the other Party on account of such default or in enforcing or establishing its rights under this Agreement, including, without limitation, court costs and reasonable attorneys' fees and disbursements. For purposes of this Agreement, the reasonable fees of attorneys of the Office of the City Attorney of the City and County of San Francisco and the City Attorney for the City of Pleasanton shall be based on the fees regularly charged by private attorneys with the equivalent number of years of experience in the subject matter area of the law for which the City Attorney's services were rendered who practice in the City of San Francisco or the City of Pleasanton, as the case may be, in law firms with approximately the same number of attorneys as employed by the City Attorney's Office. 10.11 Time of Essence Time is of the essence with respect to the performance of the Parties' respective obligations contained in this Agreement. 10.12 No Merger The obligations of the Parties pursuant to this Agreement shall not merge with the transfer of title to the Property but shall remain in effect until fulfilled. 10.13 Non -Liability of City Officials, Employees and Agents Notwithstanding anything to the contrary in this Agreement, no elective or appointive board, commission, member, officer, employee or agent of City shall be personally liable to Buyer, its successors and assigns, in the event of any default or breach by City or for any amount that may become due to Buyer, its successors and assigns, or for any obligation of City under this Agreement, and no elective or appointive board, commission, member, officer, employee or agent of Buyer shall be personally liable to City, its successors and assigns, in the event of any default or breach by Buyer or for any amount that may become due to City, its successors and assigns, or for any obligation of Buyer under this Agreement. 10.14 Conflicts of Interest Through its execution of this Agreement, Buyer and City acknowledge that they are familiar with the provisions of Article I1I, Chapter 2 of City's Campaign and Governmental Conduct Code, and Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California, and certifies that they do not know of any facts that constitute a violation of such provisions and agrees that if either Party becomes aware of any such fact during the term of this Agreement, the Party shall immediately notify the other Party. 10.15 Notification of Limitations on Contributions Through its execution of this Agreement, Buyer acknowledges that it is familiar with Section 1.126 of the San Francisco Campaign and Governmental Conduct Code, which prohibits any person who contracts with City for the selling or leasing of any land or building to or from City whenever such transaction would require the approval by a City elective officer, the board on which that City elective officer serves, or a board on which an appointee of that individual serves, from making any campaign contribution to (a) the City elective officer, (b) a candidate for the office held by such individual, or (c) a committee controlled by such individual or candidate, at any time from the commencement of negotiations for the contract until the later of either the termination of negotiations for such contract or six months after the date the contract is approved. Buyer acknowledges that the foregoing restriction applies only if the contract or a combination or series of contracts approved by the same individual or board in a fiscal year have a total anticipated or actual value of $50,000 or more. Buyer further acknowledges that the prohibition on contributions applies to each Buyer; each member of Buyer's board of directors, and Buyer's chief executive officer, chief financial officer and chief operating officer; any person with an ownership interest of more than twenty percent (20%) in Buyer; any subcontractor listed in the contract; and any committee that is sponsored or controlled by Buyer. 13