DUCLAIR GARY & JANICE - Laserfiche WebLink

ARTICLE 2 -CONDITIONS OF PURCHASE AND SALE 2.1 Due Diligence Period. Within the sixty-day (60) period following the date of this Agreement (the "Due Diligence Period"), City shall be permitted to make a complete physical, environmental, legal (including title review) and other inspections of the Property and all other matters which in City's judgment affect or influence City's intended use of the Property and City's willingness to acquire the Property. City's investigations shall include review of title records, whether the Property is within a flood plain, soils and environmental matters and accessibility and location of utilities. If, as a result of City's investigations, City determines that it would not be prudent to purchase the Property for the price set forth in this Agreement, then City shall have the right to terminate this Agreement without penalty. ARTICLE 3 -RIGHT OF ENTRY 3.1 Right of Entry. During the Due Diligence Period, City and its agents shall be granted reasonable right of entry on the Property to perform such soil, engineering and geological tests and inspections and to make such reports as City deems suitable. ARTICLE 4 -MISCELLANEOUS 4.1 Binding on Successors. The terms, covenants and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 4.2 Attorneys' Fees. In the event of any litigation regarding the rights and obligations of the parties under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees (including those of in-house counsel) and court costs. Prior to filing litigation, the parties will mediate any disagreements concerning the rights and obligations under this Agreement. 4.3 Notices. All notices or other communications required or permitted hereunder shall be in writing and either delivered by hand delivery (including receipted express courier or delivery service) or electronic mail (e.g., telecopy) or deposited in the United States mail first-class, postage prepaid and addressed as follows: To Sellers: Gary and Janice DuClair /csy9 G~r•~j>as3 Lane /~1a~ ~eC'a~ c'v~• 95.~~ 1 To City: City of Pleasanton 123 Main Street Pleasanton, CA 94566 Attn: City Manager Facsimile: 925-931-5482 Notices which are delivered by hand or electronic mail shall be deemed received upon delivery; notices which are deposited in the United States mail in accordance with the terms of this Section shall be deemed received three (3) days after the date of mailing. The foregoing addresses may be changed by notice to the other party as herein provided. 2