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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. Counterparts and Electronic Signatures. This Agreement may be executed in <br /> multiple counterparts, each of which shall be an original and all of which together shall <br /> constitute one agreement. Counterparts may be delivered via facsimile, electronic mail <br /> (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 <br /> U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code <br /> §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so <br /> delivered shall be deemed to have been duly and validly delivered and be valid and effective for <br /> all purposes. With respect to signatures delivered via facsimile or electronically, Consultant <br /> shall deliver its original wet ink signature to the City within thirty (30) days following <br /> Consultant's original delivery via facsimile, electronic mail or other transmission method, <br /> provided that failure to deliver such original ink signature shall not affect the validity of the <br /> electronic signatures that were delivered. <br /> 26. 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 is executed the date and year first above written. <br /> CITY OF PLEASANTON CONSULTANT <br /> By: <br /> Nelson Fialho, City Manager Signature <br /> Print name <br /> ATTEST: <br /> Karen Diaz, City Clerk Title: <br /> Approved as to form: <br /> By: <br /> Daniel G. Sodergren, City Attorney Signature <br /> Rev. 3.19 Print name <br /> Title: <br /> [If Consultant is a corporation, signatures must comply with California Corporations Code §313] <br /> Page 6 of 6 <br />