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in any manner or degree by the performance of Contractor's services under this <br /> contract. If such an interest occurs, Contractor will immediately notify the City. <br /> d) Waiver. In the event either City or Contractor at any time waive any breach of <br /> this contract by the other, such waiver shall not constitute a waiver of any other or <br /> succeeding breach of this contract, whether of the same or of any other covenant, <br /> condition or obligation. <br /> e) Governing Law. California law shall govern any legal action pursuant to this <br /> contract with venue in the applicable court or forum for Alameda County. <br /> 0 Attorney's Fees. The prevailing party in any action brought to enforce or construe <br /> the terms of this contract may recover from the other party its reasonable costs <br /> and attorney's fees expended in connection with such an action. <br /> g) Notices. All notices herein required shall be in writing and shall be delivered in <br /> person or sent by certified mail, postage prepaid. Notices required to be given to <br /> the parties shall be addressed as follows: <br /> City Manager Cupertino Electric <br /> City of Pleasanton 1132 North Seventh Street <br /> P.O. Box 520 San Jose, CA 95112 <br /> Pleasanton, CA 94566 Attn: <br /> h) No Personal Liability. No official or employee of City shall be personally liable <br /> to Contractor in the event of any default or breach by the City or for any amount <br /> due Contractor. <br /> IN WITNESS WHEREOF, the parties hereto have executed this contract the date and <br /> year first above written. <br /> CONTRACTOR: <br /> By: <br /> It's Authorized Agent <br /> By: <br /> It's Authorized Agent <br /> (Second signature required if a corporation) <br /> CITY OF PLEASANTON: <br /> By: <br /> Nelson Fialho, City Manager <br /> Page 5 <br />