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the language in the body of the Agreement and an attachment hereto, the language in the <br /> body of the Agreement controls. <br /> 21. Entire Agreement; Modification. This Agreement supersedes all other agreements, <br /> whether oral or written, between the parties with respect to the Services. Any modification to <br /> this Agreement must be in writing and signed by both parties. In the event the original of this <br /> Agreement is lost or destroyed, an archival copy maintained by Cities can be used in place of <br /> the original for all purposes with the same effect as if it was the original. <br /> 22. Notice. Notices under this Agreement must be delivered to the addresses below by <br /> deposit in the United States mail or by overnight delivery service, with postage prepaid and <br /> delivery confirmation: <br /> TO LIVERMORE: Attention: Frances Reisner, Senior Management Analyst <br /> City of Livermore <br /> Community & Economic Development Department <br /> 1052 S Livermore Avenue <br /> Livermore, California 94550 <br /> TO PLEASANTON Attention: Scott Erickson, Housing Specialist <br /> City of Pleasanton <br /> P.O. Box 520 <br /> 200 Old Bernal Ave. <br /> Pleasanton, CA 94566-0802 <br /> TO CONSULTANT: Attention: Marjorie Rocha, Executive Director <br /> ECHO Housing <br /> 770 "A".Street <br /> Hayward, CA 94541 <br /> 23. Waiver. Failure to insist upon the strict performance of any term or conditions in this <br /> Agreement, no matter how long the failure continues, is not a waiver of the term or condition <br /> and does not bar the right to subsequently demand strict performance. To be effective, a <br /> waiver must be in writing and signed by the non-breaching party. <br /> 24. Severability. If a court of competent jurisdiction determines a provision in this <br /> Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless <br /> continue in full force and effect without being impaired in any way. <br /> 25. Counterparts. This Agreement may be executed in counterpart by delivering a <br /> facsimile or secure electronic copy of the signed agreement to the other party, followed by <br /> delivery of the original documents bearing the original signatures. However, failure to deliver <br /> the original documents does not affect the enforceability of this Agreement. <br /> *************************************************************************************************** <br /> Signatures and Attachment List on the Next Page <br /> Professional Services Agreement Page 5 <br /> Rev. 7/15 <br />