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b. Contractor shall not assign or transfer this Agreement. <br /> c. In the performance of this Agreement, Contractor, its employees and agents shall have the <br /> status of independent contractor, and not an employee of the City for any purpose. <br /> d. If either City or Contractor waive a breach of this Agreement, such waiver shall not constitute <br /> a waiver of other or succeeding breaches of this Agreement. <br /> e. This Agreement constitutes the entire understanding of the parties. <br /> IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year <br /> first above written. <br /> CITY OF PLEASANTON CONTRACTOR <br /> By: <br /> Nelson Fialho, City Manager Signature <br /> Print name <br /> ATTEST: Title: <br /> [If Consultant is a corporation, signatures must <br /> Karen Diaz, City Clerk comply with California Corporations Code §313] <br /> APPROVED AS TO FORM: <br /> By: <br /> Signature <br /> Jonathan P. Lowell, City Attorney <br /> Print name <br /> Title: <br /> 3 <br />