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Consultant and its principals do not have any financial interest in real property, sources of income <br />or investment that would be affected in any manner or degree by the performance of Consultant's <br />services under this Agreement. If such an interest occurs, Consultant will immediately notify the <br />City. <br />21. Waiver. In the event either City or Consultant at any time waive any breach of this <br />Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach <br />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 construe <br />the terms of this Agreement may recover from the other party its reasonable costs and attorney's <br />fees expended in connection with such an action. <br />24. No Personal Liability. No official or employee of City shall be personally liable to <br />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 />Daniel G. Sodergren, City Attorney <br />05/16 Page 5 of 5 <br />