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21. Waiver. In the event either City or Consultant at any time waive any breach of <br /> this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding <br /> breach of this Agreement, whether of the same or of any other covenant, condition or obligation. <br /> 22. Governing Law. California law shall govern any legal action pursuant to this <br /> Agreement with venue in the applicable court or forum for Alameda County. <br /> 23. 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 /> attorney's fees expended in connection with such an action. <br /> 24. No Personal Liability. No official or employee of City shall be personally liable <br /> to Consultant in the event of any default or breach by the City or for any amount due Consultant. <br /> 25. Scope of Agreement. This writing constitutes the entire Agreement between the <br /> parties. Any modification to the Agreement shall be in writing and signed by both parties. <br /> THIS AGREEMENT executed the date and year first above written. <br /> CITY OF PLEASANTON CONSULTANT <br /> By By <br /> Nelson Fialho, City Manager <br /> Its <br /> ATTEST: <br /> Karen Diaz, City Clerk <br /> APPROVED AS TO FORM: <br /> Jonathan Lowell, City Attorney <br /> Page 6 of 6 <br />