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16. Waiver. In the event that either City or Consultant shall at any time or times <br /> waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of <br /> any other or succeeding breach of this Agreement, whether of the same or of any other covenant, <br /> condition or obligation. <br /> 17. Attorney's Fees. The prevailing party in any action brought to enforce or <br /> construe the terms of this Agreement may recover from the other party its reasonable costs and <br /> attorneys' fees expended in connection with such an action. <br /> 18. Additional Provisions. The following additional provisions shall apply to this <br /> Agreement: <br /> None <br /> 19. Scope of Agreement. This writing constitutes the entire Agreement between the <br /> parties relative to public relations services for the project and modification hereof shall not be <br /> effective unless and until such modification is evidenced by a written amendment signed by both <br /> parties to this Agreement. <br /> THIS AGREEMENT executed the date and year first above written. <br /> CITY OF PLEASANTON <br /> By <br /> Nelson Fialho <br /> City Manager <br /> By <br /> Barbara Lewis <br /> Attention Business Communications <br /> ATTEST: <br /> Karen Diaz, City Clerk <br /> APPROVED AS TO FORM: <br /> Jonathan P. Lowell, City Attorney <br /> 4 <br />