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<br />legally protected classification, including race, color, national origin, ancestry, sex or religion of <br />such person. <br /> <br />16. Licenses, Certifications and Permits. Prior to the City's execution of this <br />Agreement and prior to the Consultant's engaging in any operation or activity set forth in this <br />Agreement, Consultant shall obtain a City of Pleasanton business license, which must be kept in <br />effect during the term of this Agreement. Consultant covenants that it has obtained all certificates, <br />licenses, permits and the like required to perform the services under this Agreement. <br /> <br /> 17. Records and Audits. Consultant shall maintain all records regarding this <br />Agreement and the services performed for a period of five (5) years from the date that final <br />payment is made. At any time during normal business hours, the records shall be made available <br />to the City to inspect and audit. <br /> <br /> 18. Confidentiality. Consultant shall exercise reasonable precautions to prevent the <br />unauthorized disclosure and use of City reports, information or conclusions. <br /> <br /> 19. Conflicts of Interest. Consultant covenants that other than this Agreement, <br />Consultant has no financial interest with any official, employee or other representative of the City. <br />Consultant and its principals do not have any financial interest in real property, sources of income <br />or investment that would be affected in any manner or degree by the performance of Consultant’s <br />services under this Agreement. If such an interest occurs, Consultant will immediately notify the <br />City. <br /> <br /> 20. 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 /> <br /> 21. Governing Law. California law shall govern any legal action pursuant to this <br />Agreement with venue in the applicable court or forum for Alameda County. <br /> <br /> 22. Attorney's Fees. The prevailing party in any action brought to enforce or construe <br />the terms of this Agreement may recover from the other party its reasonable costs and attorney's <br />fees expended in connection with such an action. <br /> <br /> 23. 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 /> <br />24. Counterparts and Electronic Signatures. This Agreement may be executed in <br />multiple counterparts, each of which shall be an original and all of which together shall constitute <br />one 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 seq.), <br />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 /> <br />25. Scope of Agreement. This writing constitutes the entire Agreement between the <br />parties. Any modification to the Agreement shall be in writing and signed by both parties. <br /> <br /> <br /> <br />DocuSign Envelope ID: 052BD6C6-E0F9-4340-A0E5-39FB6A611A7ADocuSign Envelope ID: DBA61E0D-FB96-4F3C-AE20-C4D7982C06BE