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STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT - DIRECT SALE RW 16-5 (NEW 10/2016) ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814 Section 18. Attorney's Fees If any legal action, arbitration or other proceeding is brought involving a dispute between the parties or arising out of the execution of this Agreement or sale of the Property, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees incurred in such action or proceeding, in addition to any other relief to which such party may be entitled. Section 19. Agreement to Perform Necessary Acts Each party agrees to perform any further acts and execute and deliver any documents that may be reasonably necessary to carry out the provisions in this Agreement. Section 20. No Third-Party Beneficiaries This Agreement is for the sole benefit of the parties hereto. There are no third-party beneficiaries, intended or otherwise. Section 21. Notices All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the person to whom notice is to be given or, on the second (2nd) day after mailing if mailed to the party to whom notice is to be given, by First Class Mail, registered or certified, return receipt requested, postage prepaid and properly addressed as follows: To Caltrans at: State of California Department of Transportation Right of Way, Excess Land Sales PO BOX 23440, MS 11 Oakland, CA 94623 To Purchaser at: The City of San Leandro 835 East 14th Street San Leandro, CA 94577 Any party may change its address for purposes of this paragraph by giving the other party written notice of the new address to the other party contained herein. Section 22. Governing Law This Agreement has been negotiated and entered into in the State of California and shall be governed by, construed and enforced in accordance with the laws of the State of California and according to its fair meaning, and not in favor of or against any party. Section 23. Severability If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all the other provisions of this Agreement be construed to remain fully valid, enforceable and binding on the parties. Section 24. Survival of Representations and Warranties All covenants, representations, warranties, and other agreements under this Agreement shall survive the Close of Escrow. Section 25. Time is of the Essence Time is of the essence and performance of this Agreement in respect to all provisions of this Agreement that specify a time for performance, and failure to comply with this provision shall be a material breach of this Agreement.