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income or investment that would be affected in any manner or degree by the performance of <br /> Consultant's services under this Agreement. If such an interest occurs, Consultant will <br /> immediately notify the 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 <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 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. Scone 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 is executed the date and year first above written. <br /> CITY OF PLEASANTON CONSULTANT <br /> By: <br /> Nelson Fialho, City Manager Signature <br /> ATTEST: <br /> Print name <br /> Karen Diaz, City Clerk Title: <br /> Approved as to form: <br /> By: <br /> Daniel G. Sodergren, City Attorney Signature <br /> Rev.6.18 Print name <br /> Title: <br /> [If Consultant is a corporation, signatures must comply with California Corporations Code§313] <br /> Page 6 of 6 <br />