8N Consent 2008 0902 - Laserfiche WebLink

Home

DRAFT 8/20/08 (ii) are binding obligations of Agency; and (iii) do not violate the provisions of any agreement to which Agency is a party; subject, however, to applicable bankruptcy, insolvency, and other similar laws for enforcement of creditors' rights and to principles of equitable remedies. C. The Parties warrant that the persons executing this Agreement on their behalf are authorized to do so, and on execution of this Agreement, this Agreement shall be valid and enforceable against Agency or Property Owner in accordance with this Agreement. Section 16. Brokers. Each Party warrants and represents to the other that no brokers have been retained or consulted in connection with this transaction. Each Party agrees to defend, indemnify, and hold harmless the other Party from any claims, expenses, costs, or liabilities arising in connection with a breach of that Party's representations, warranties, or covenants under this Agreement. Section 17. Assignment. Neither Agency nor Property Owner shall have the right to assign any rights and liabilities under this Agreement to any parry; provided however, Agency may assign its right to purchase the Property to the City of San Leandro. Section 18. Attorney Fees. If litigation is commenced between the Parties, the prevailing Party in that litigation shall be entitled to recover from the non-prevailing Party all reasonable attorneys fees and costs. "Prevailing Party" shall include without limitation a Party who dismisses an action in exchange for sums allegedly due; the Party who receives performance from the other Party for an alleged breach of contract or a desired remedy where the performance is substantially equal to the relief sought in an action; or the Party determined to be the prevailing Party by a court of law. Section 19. Notices. All notices to be given under this Agreement shall be in writing and sent by: (a) certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage prepaid in the United States Mail; (b) a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with that courier; (c) hand delivery, in which case notice shall be deemed delivered upon receipt, or (d) telecopy or similar means if a copy of the notice is also sent by United States Certified Mail, in which case notice shall be deemed delivered on transmittal by telecopy or other similar means, provided that a transmission report is generated by reflecting the accurate transmission of the notices, as follows: AGENCY: Redevelopment Agency of the City of San Leandro Attn: Cynthia Battenberg 835 East 14th Street 839228-6 7 PURCHASE AND SALE AGREEMENT 262 DAMS STREET