ARTICLE 6 MISCELLANEOUS
6.1 Payment of Real Estate Brokers and Consultants . Each party represents to the other that no real estate broker has been used in connection with this transaction unless pursuant to a separate agreement. Purchaser agrees to indemnify, defend and hold Seller harmless from and against any claim for a real estate broker’s commission or fee by any party claiming to have represented Purchaser in connection with this transaction. Seller agrees to indemnify, defend and hold Purchaser harmless from and against any claim for a real estate broker’s commission or fee by any party claiming to have represented Seller in connection with this transaction. The indemnification obligations under this Section 6.1 shall survive the Closing or any termination of this Agreement for any reason whatsoever. 6.2 Notices . All notices and other communications which are required to be, or which may be given under this Agreement shall be in writing, and shall be delivered at the addresses set out hereinbelow. Notice may be given by personal delivery, recognized overnight courier, by United States mail or by facsimile transmission in the manner set forth below. Notice shall be deemed to have been duly given (a) if by personal delivery, on the first to occur of the date of actual receipt or refusal of delivery by any person at the intended address, (b) if by overnight courier, on the first (1st) Business Day after being delivered to a recognized overnight courier, (c) if by mail, on the third (3rd) Business Day after being deposited in the United States mail, certified or registered mail, return receipt requested, postage prepaid, or (d) by facsimile transmission shall be deemed to have been given on the next business day after being transmitted, as evidenced by the confirmation slip generated by the sender’s facsimile machine addressed as follows: If to Seller: Coachella Valley Water District
75515 Hovley Lane East Palm Desert, CA 92211 Attn: General Manager Telephone: (760) 398-2651
With a copy to:
Best Best & Krieger LLP 3390 University Avenue, 5 th Floor Riverside, CA 92501 Attn: Jeff Ferre Telephone: (951) 686-1450
If to Purchaser:
Outdoor Resorts/ Palm Springs Owners Association 69411 Ramon Road Cathedral City, CA 92234 Attn: Clint Atherton, General Manager Telephone: (760) 328-3834
or to such other address as either party may from time to time specify as its address for the receipt of notices hereunder, in a notice to the other party. Notices given by an attorney shall be deemed to constitute notice from that party.
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