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Page 6 of 6 <br />investment that would be affected in any manner by the performance of Consultant’s services <br />under this Agreement. If such an interest occurs, Consultant will immediately notify the City. <br />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 Liability. 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 Agreement. 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 on the date first above written. <br />CITY OF PLEASANTON CONSULTANT <br />By: __________________________ <br />Gerry Beaudin, City Manager Gregor Markel, Senior Principal / VP <br />ATTEST: <br />Jocelyn Kwong, City Clerk Tim M. Williams, CFO <br />Approved as to form: <br />Daniel G. Sodergren, City Attorney <br />If Consultant is a corporation, signatures must comply with California Corporations Code §313] <br />Rev. 11/23 <br />Page 193 of 201 <br />DocuSign Envelope ID: 3A632571-5721-4508-8A88-F0EF63D614A7