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06
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2023
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060623
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5/31/2023 4:20:37 PM
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5/31/2023 4:20:32 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/6/2023
DESTRUCT DATE
15Y
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No waiver of any breach of this Agreement constitutes waiver of any other breach.All remedies in this <br /> Agreement will be taken and construed as cumulative, meaning in addition to every other remedy <br /> provided in the Agreement or by law. <br /> 16. Access to Sites and Records <br /> The Recipient shall provide during the Agreement and for at least 3 years after the Agreement ends in <br /> any way to the CEC or its representatives reasonable access to all project sites and to all records related <br /> to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in <br /> Section 8.Accounting and Audit. <br /> 17. Termination Without Cause <br /> The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this <br /> event,the Recipient will use all reasonable efforts to mitigate its expenses and obligations. <br /> 18. Third-Party Beneficiary <br /> The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a <br /> third-party beneficiary to the agreement. <br /> 19. Survival of Terms <br /> The following terms survive this Agreement no matter how the agreement ends,such as by its own <br /> terms or via termination: <br /> • 8. Accounting and Audit <br /> • 9. Public Works <br /> • 10. Intellectual Property <br /> • 12. Governing Law <br /> • 14. Severability <br /> • 15. Waiver <br /> • 16.Access to Sites and Records <br /> • 18.Third-Party Beneficiary <br /> March 2023 Page 5 of 5 APP-22-133 <br /> City of Pleasanton <br />
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