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a. City may terminate this Agreement at any time by mailing a notice to <br /> Contractor. Contractor shall be paid for that portion of services already completed by Contractor <br /> as approved by City. <br /> b. Contractor acknowledges that time is of the essence regarding the <br /> performance of this Agreement. <br /> c. Contractor shall not assign or transfer this Agreement. <br /> d. If either City or Contractor waives a breach of this Agreement, such <br /> waiver shall not constitute a waiver of other or succeeding breaches of this Agreement. <br /> e. This Agreement may only be modified by a writing signed by the <br /> authorized representative of both parties. <br /> f. Contractor covenants that it has obtained and will keep in effect during the <br /> term of the Agreement all certificates, licenses, including a City Business License,permits or the <br /> like required by any federal, state or local regulatory agency in order to perform the services <br /> under this Agreement. <br /> g. Contractor shall comply with all federal, state and local laws, regulations <br /> and rules, including but not limited to applicable safety and environmental laws. <br /> h. The Contractor will permit the City to audit, examine and make copies of <br /> all contracts, invoices, payrolls and other documents or data relating to this Agreement. Such <br /> records shall be maintained for three years from the date of final payment under this Agreement. <br /> i. This Agreement shall be governed by the laws of the State of California, <br /> with venue for any action under this Agreement in Alameda County, California. <br /> j. This Agreement may be executed in multiple counterparts, each of which <br /> shall be an original and all of which together shall constitute one agreement. Counterparts may <br /> be delivered via facsimile, electronic mail (including pdf or any electronic signature complying <br /> with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform <br /> Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other <br /> transmission method, and any counterpart so delivered shall be deemed to have been duly and <br /> validly delivered and be valid and effective for all purposes. <br /> k. This Agreement constitutes the entire understanding of the parties. <br /> IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and <br /> year first above written. <br /> CITY OF PLEASANTON CONTRACTOR <br /> By: <br /> Brian Dolan, Interim City Manager Signature <br /> Page 4 of 5 <br />