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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 />