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11/30/2001 10: 43 209467 B AGE STOCKTON PAGE 06 <br /> '11130/2001 10:12 209333W LOBI RECFZEATIO* PAGE 06 <br /> ATTORNEY F%ES <br /> If litigation is commenoed between the parties, the Prevailing Party In that <br /> litigation shall be entified to recover from the nonprevaiiing patty all reasonable <br /> attomeyr's fees and costs. "Prevailing Party" shall include without limitation a party who <br /> dismisses an action in exchange far scans allegedly due; the party who receives <br /> performance from the other party for an alleged breach of contractor a desired remedy <br /> Where the performance is substantially equal to the relief sought in an ACtion; or the <br /> party determined to be the prevailing party by a court of law. <br /> GOVERNING LAW <br /> law. This Agreement shall be governed and construed in accordance with California <br /> OFFER AND ACCEPTANCE <br /> This Agreement as exac tAad by Purchaser constitutes an offer to purchase <br /> property on the terms and conditions contained in this Agreement. If Sellers Brit to <br /> execute a copy of this Agreement and return R to Purchaser by June 4, 2001, aria <br /> Agreement shall be void. <br /> The parties have executed thla Agreement as of the date f~imt written above. <br /> CITY OF LODI, a municipal corporation WEBBER REVOCABLE LIVING TRUST, <br /> BY A. <br /> ION LYNN, City nager HERMAN HARRY WE ER, Trustee <br /> Attest: <br /> By <br /> IDA PEARL WEBBER,Trustee <br /> SUSAN ,f. SLACK ON, City Cleric <br /> Approved as to Form: <br /> PALL A. HAY , C Attorney <br /> 5 <br />