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■ Time is of the essence in this contract. <br />■ The closing date shall be on or before the expiration of 15 days from date of the delivery of a Grant <br />Deed recordable in the Official Deed Records of the County of San Bernardino, California by Seller to Escrow <br />Agent. <br />■ Purchaser will pay up to a maximum of $1,500.00 (Fifteen Hundred Dollars) for the cost of capping <br />of Well #18, located on the property being purchased, to the State Health Department standards; any charges, <br />execeeding $1,500.00 (Fifteen Hundred Dollars), will be paid by the Seller. <br />■ All notices, demands, requests and other communications required or permitted under this Contract shall <br />be in writing and shall be deemed to be delivered upon the earlier to occur of (a) actual receipt upon personal <br />delivery or telephonic facsimile transmission, (b) three (3) days after being deposited in a regularly maintained <br />receptacle for the United States Mail, registered or certified postage prepaid, or (c) two (2) days after deposit <br />with any commercial air courier or express service addressed as follows: <br />SELLER: CrrY OF COLTON <br />Attn: Public Works Utilities <br />650 N. La Cadena Drive. <br />Colton, California 92324-2897 <br />PURCHASER: THE ATcHwN, TOPEKA AND SANTA FE RAILWAY COMPANY <br />Attn: Asset Management <br />920 S. E. Quincy Street <br />Topeka, Kansas 66612-1116 <br />■ Each party represents and warrants to the' other that it has not dealt with any broker, agent or finder, <br />licensed or otherwise, in connection with this Contract and shall indemnify and hold the other party harmless <br />from any commission, finders fee or other compensation claimed to be due or arising out of the execution of <br />this Contract. <br />■ This Contract has been executed and delivered, and is intended to be performed in the State of <br />California, and the laws of such state govern the validity, construction, enforcement and interpretation of this <br />Contract. <br />■ It is agreed and understood that this Agreement is freely assignable by Purchaser, provided, the <br />Purchaser shall give Seller notice of any such assignment. <br />■ The provisions of this Contract shall be binding upon and inure to the benefit of the parties hereto and <br />their respective heirs, successors and assigns. <br />■ Executed in triplicate at Colton, California, this day of <br />SELLER: <br />By <br />Title <br />CITY OF COLTON, <br />a Municipal Corporation <br />1994. <br />PURCHASER: THE ATCHISON TOPEKA AND <br />SANTA FE RAILWAY COMPANY, <br />a Delaware Corporation <br />By <br />Title <br />PW2dt <br />I1QOAi.10�.. / �S.M <br />