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• <br /> 9. Notices. All notices, demands, requests or approvals to be given under this Agreement shall be <br /> given in writing and conclusively shall be deemed served when delivered personally or on the <br /> second business day after the deposit thereof in the United States Mail, postage prepaid, <br /> registered or certified, addressed as hereinafter provided. <br /> To Contractor:Womack Striping, Inc. To City: City Manager <br /> 1336 Lone Palm Av City of Pleasanton <br /> Modestom CA 95351 P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> 10. Miscellaneous Provisions. <br /> a. City may terminate this Agreement at any time by mailing a notice to Contractor. <br /> Contractor shall be paid for that portion of work or services already completed by Contractor as <br /> approved by City. <br /> b. Contractor acknowledges that time is of the essence regarding the performance of this <br /> 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 waiver shall not <br /> g <br /> 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 authorized representative <br /> of both parties. <br /> f. Contractor covenants that it has obtained and will keep in effect during the term of the <br /> Agreement all certificates, licenses, including a City Business License, permits or the like <br /> required by any federal, state or local regulatory agency in order to perform the work under this <br /> Agreement. <br /> g. Contractor shall comply with all federal, state and local laws, regulations and rules, <br /> including but not limited to applicable safety and environmental laws. Contractor shall bear full <br /> and exclusive responsibility for any release of hazardous or non-hazardous substances and <br /> disposal of hazardous wastes. <br /> h.Contractor will permit the City to audit, examine and make copies of all contracts, <br /> invoices, payrolls and other documents or data relating to this Agreement. Such records shall be <br /> 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, with venue for <br /> any action under this Agreement in Alameda County, California. <br /> Page 4 of 5 <br />