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21. Waiver. In the event either City or Consultant at any time waive any breach of this <br /> Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding <br /> breach of this Agreement, whether of the same or of any other covenant,condition or obligation. <br /> 22. Governing Law. California law shall govern any legal action pursuant to this Agreement <br /> with venue in the applicable court or forum for Alameda County. <br /> 23. Attorney's Fees. The prevailing party in any action brought to enforce or construe the terms <br /> of this Agreement may recover from the other party its reasonable costs and attorney's fees <br /> expended in connection with such an action. <br /> 24. No Personal LiabilitN. 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 multiple <br /> counterparts, each of which shall be an original and all of which together shall constitute one <br /> agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any <br /> electronic signature complying with U.S. federal E-Sign Act of 2000(15 U.S. Code §7001 et <br /> seq.), California Uniform Electronic Transactions Act(Cal. Civil Code §1633.1 et seq.),or other <br /> applicable law)or other transmission method, and any counterpart so delivered shall be deemed <br /> to have been duly and validly delivered and be valid and effective for all purposes. <br /> 26. Scope of Aireement. This writing constitutes the entire Agreement between the parties. <br /> Any modification to the Agreement shall be in writing and signed by both parties. <br /> THIS AGREEMENT is executed the date fust above written. <br /> CITY OF PLEASANTON CONSULTANT <br /> By: <br /> Gerry Beaudin, City Manager Signature <br /> Print name <br /> ATTEST: <br /> Jocelyn Kwong, City Clerk Title: <br /> Approved as to form: <br /> By: <br /> Daniel G. Sodergren,City Attorney Signature <br /> Print name <br /> Title: <br /> Page 6 of 7 <br />