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Consultant shall obtain a City of Pleasanton business license, which must be kept in effect during <br /> the term of this Agreement. Consultant covenants that it has obtained all certificates, licenses, <br /> permits and the like required to perform the services under this Agreement. <br /> 16. Records and Audits. Consultant shall maintain all records regarding this Agreement and <br /> the services performed for a period of three years from the date that final payment is made. At <br /> any time during normal business hours, the records shall be made available to the City to inspect <br /> and audit. <br /> 17. Confidentiality. Consultant shall exercise reasonable precautions to prevent the <br /> unauthorized disclosure and use of City reports, information or conclusions. <br /> 18. Conflicts of Interest. Consultant covenants that other than this Agreement, Consultant has <br /> no financial interest with any official, employee or other representative of the City. Consultant <br /> and its principals do not have any financial interest in real property, sources of income or <br /> investment that would be affected in any manner of degree by the performance of Consultant's <br /> services under this Agreement. If such an interest arises, Consultant will immediately notify the <br /> City. <br /> 19. 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 <br /> breach of this Agreement, whether of the same or of any other covenant, condition or obligation. <br /> 20. Governing Law. California law shall govern any legal action pursuant to this Agreement <br /> with venue in the applicable court or forum for Alameda County. <br /> 21. 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 /> 22. Exhibits. All exhibits referred to herein are attached hereto and are by this reference <br /> incorporated herein. <br /> 23. Scope of Agreement. This writing constitutes the entire Agreement between the parties. <br /> 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 ` pr- -- — <br /> Nelson Fialho, City Manager <br /> 5IPage <br />