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9. Miscellaneous Provisions. <br /> a. City may terminate this Agreement at any time by mailing notice to Contractor at the address <br /> first stated above. Contractor shall be paid for that portion of goods provided / work completed <br /> when notice is received. <br /> b. Contractor shall not assign or transfer this Agreement. <br /> c. In the performance of this Agreement,Contractor,its employees and agents shall have the status <br /> of independent contractor, and not an employee of the City for any purpose. <br /> d. If either City or Contractor waive a breach of this Agreement, such waiver shall not constitute <br /> a waiver of other or succeeding breaches of this Agreement. <br /> e. This Agreement constitutes the entire understanding of the parties. <br /> f This Agreement may be executed in multiple counterparts, each of which shall be an original <br /> and all of which together shall constitute one agreement. Counterparts may be delivered via <br /> facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal <br /> E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions <br /> Act(Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and <br /> any counterpart so delivered shall be deemed to have been duly and validly delivered and be <br /> valid and effective for all purposes. With respect to signatures delivered via facsimile or <br /> electronically, Contractor shall deliver its original wet ink signature to the City within thirty(30) <br /> days following Contractor's original delivery via facsimile, electronic mail or other transmission <br /> method, provided that failure to deliver such original ink signature shall not affect the validity of <br /> the electronic signatures that were delivered. <br /> IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above <br /> written. <br /> CITY OF PLEASANTON CONTRACTOR <br /> By: <br /> Nelson Fialho, City Manager Signature <br /> Print name <br /> ATTEST: Title: <br /> [If Consultant is a corporation, signatures must <br /> Karen Diaz, City Clerk comply with California Corporations Code§313] <br />