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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2011
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062111
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10
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6/16/2011 3:58:07 PM
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6/16/2011 3:58:05 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/21/2011
DESTRUCT DATE
15Y
DOCUMENT NO
10
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14. Conformance of Applicable Laws. Concessionaire shall comply with all <br /> applicable Federal, State, and Municipal laws, rules and ordinances. The Concessionaire <br /> shall not discriminate in the employment of persons or in the provision of services under <br /> this Agreement on the basis of any legally protected classification, including race, color, <br /> national origin, ancestry, sex or religion of such person. <br /> 15. Licenses, Certifications and Permits. Prior to the City's execution of <br /> this Agreement and prior to the Concessionaire's engaging in any operation or activity set <br /> forth in this Agreement, the Concessionaire shall obtain a City of Pleasanton business <br /> license, which must be kept in effect during the term of this Agreement. The <br /> Concessionaire covenants that it has obtained all certificates, licenses, permits and the <br /> like required to perform the services under this Agreement. <br /> 16. Conflicts of Interests. The Concessionaire covenants that other than this <br /> Agreement, the Concessionaire has no financial interest with any official, employee or <br /> other representative of the City. The Concessionaire and its principals do not have any <br /> financial interest in real property, source of income or investment that would be affected <br /> in any manner or degree by the performance of the Concessionaire's services under this <br /> Agreement. If such an interest occurs, the Concessionaire shall immediately notify the <br /> City. <br /> 17. Waiver. In the event that either the City or the Concessionaire shall at <br /> any time or times waive any breach of this Agreement by the other, such waiver shall not <br /> constitute a waiver of any other or succeeding breach of this Agreement, whether of the <br /> same or of any other covenant, condition, or obligation. <br /> 18. Governing Law. California law shall govern any legal action pursuant to <br /> this Agreement with venue in the applicable court or forum for Alameda County. <br /> 19. 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 <br /> costs and attorney's fees expended in connection with such an action. <br /> 20. No Personal Liability. No official or employee of City shall be <br /> personally liable to the Concessionaire in the event of any default or breach by the City or <br /> for any amount due to the Concessionaire. <br /> 21. Scope of Agreement. This writing constitutes the entire Agreement <br /> between the parties relative to Concessionaire Services and modification is evidenced by <br /> a written amendment signed by both parties to this Agreement. <br /> 4 <br />
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