Laserfiche WebLink
<br />20. INTER#AL-REVENUE CODE SECTION 1445 <br />Seller is not a "foreign pers~ <br />Code Section 1445 ("IRC Section <br />prior to Close of Escrow, a <br />documentation required under IRC <br />a "foreign person." <br />~n" as that term is used in Internal Revenue <br />1445") and Seller agrees to furnish Buyer, <br />Non-Foreign Certification or any other <br />Section 1445 to evidence that Seller is not <br />21. INTERSTATE LAND SALES FULL DISCLOSURE ACT <br />Seller conducts its operations in accordance with the requirements of the <br />Interstate Land Sales Full Disclosure Act and, in this connection, Buyer <br />shall execute and deliver to Seller an affidavit in the form attached hereto <br />as Exhibit "C" in order to qualify the sale of the Property for exemption <br />from said Act. <br />22. PRELIMINARY CHANGE OF OWNERSHIP <br />Buyer. shall execute and deliver to Escrow Holder an appropriate Preliminary <br />Change of Ownership Form. <br />23. NOTICES <br />Any notice required or permitted to be given hereunder shall be in writing <br />and shall be effective upon personal delivery or upon three (3) days after <br />deposit in the United States mail, postage prepaid and addressed as <br />follows: <br />TO SELLER: SOUTHERN PACIFIC TRANSPORTATION COMPANY <br />Southern Pacific Building, Suite 225 <br />One Market Plaza <br />San Francisco, CA 94105 <br />TO BUYER: CITY OF PLEASANTON <br />200 Old Bernal Avenue <br />Pleasanton, California 94566-0802 <br />The foregoing addresses may be changed by written notice. <br />24. BUYER IS OFFEROR; SELLER'S MANAGEMENT APPROVAL <br />24.1 Buyer and Seller agree and confirm that this document constitutes an <br />.offer from Buyer to Seller, which Seller may accept in accordance with <br />Paragraph 25. <br />24.2 Buyer hereby acknowledges and agrees that Seller must obtain approval <br />of its executive officers prior to acceptance of this offer. Buyer <br />further acknowledges that neither the preparation or presentation of <br />this offer, nor the negotiations, whether written or oral, leading to <br />this offer create any obligation or commitment on the part of Seller to <br />accept this offer to sell the Property to Buyer unless such approval of <br />Seller's executive officers is given and communicated to Buyer solely <br />Document 0044 <br />Page 7 of 8 <br />