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4 <br />11. Independent Contractor. The Lifetime is an independent Lifetime retained by the City to <br />provide the services described herein. All personnel employed by Lifetime, including <br />contractors, and personnel of said contractors, are not and shall not be employees of the City. <br />12.Breach and Termination. If either party is in breach of any term of this Agreement, that <br />non-breaching party shall provide the breaching party with written notice simultaneously by <br />email and by U.S. mail, detailing the nature of the breach. The breaching party shall have ten <br />(10)business days to cure such breach, or shall contact the non-breaching party if additional time <br />is needed, and non-breaching may grant additional time, in non-breaching party's discretion, for <br />breaching party to cure any breach. <br />If breaching party fails to timely cure the breach within the time period granted, <br />nonbreaching party may terminate this Agreement by providing written notice simultaneously by <br />email and by U.S. mail. <br />13. Miscellaneous Provisions. <br />A.Lifetime and its contractors shall not unlawfully discriminate against any employee, <br />applicant for employment, or customer, because of race, color, ancestry, religion, sex, gender <br />identity, national origin, marital status, age, physical disability, mental disability, medical <br />condition or sexual orientation. <br />B.Lifetime shall certify that it complies with The Drug Free Workplace Act of Cal. <br />Government Code §§8350 et. seq., and provide proof thereof when requested by the City. <br />C.Lifetime shall maintain a City of Pleasanton business license for the duration of this <br />Agreement, and all other required licenses and certifications for the services provided under this <br />Agreement. <br />D.Lifetime shall not assign or transfer this Agreement. <br />E.If either City or Lifetime waive a breach of this Agreement, such waiver shall not <br />constitute a waiver of other or succeeding breaches of this Agreement. <br />F.California law shall govern any legal action pursuant to this Agreement with venue in <br />the applicable court or forum for Alameda County. <br />G.This Agreement may be executed in multiple counterparts, each of which shall be an <br />original and all of which together shall constitute one agreement. Counterparts may be delivered <br />via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. <br />federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic <br />Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission <br />method, and any counterpart so delivered shall be deemed to have been duly and validly <br />delivered and be valid and effective for all purposes. <br />H.This Agreement constitutes the entire understanding of the parties. <br />DocuSign Envelope ID: DD37FCE0-1F42-4772-9669-D581C49C21EF