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<br />Page 6 of 7 <br /> 19. Confidentiality. Consultant shall exercise reasonable precautions to prevent the <br />unauthorized disclosure and use of City reports, information or conclusions. <br /> <br /> 20. 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 <br />City. Consultant and its principals do not have any financial interest in real property, sources of <br />income or investment that would be affected in any manner or degree by the performance of <br />Consultant’s services under this Agreement. If such an interest occurs, Consultant will <br />immediately notify the City. <br /> <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 /> <br /> 22. 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 /> 23. 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 /> 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 /> <br /> 25. 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 <br />constitute one agreement. Counterparts may be delivered via facsimile, electronic mail <br />(including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 <br />U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code <br />§1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so <br />delivered shall be deemed to have been duly and validly delivered and be valid and effective for <br />all purposes. <br /> <br />26. 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 />THIS AGREEMENT is executed the date and year first above written. <br /> <br /> <br />CITY OF PLEASANTON CONSULTANT <br /> <br />_____________________________ By: __________________________ <br />Gerry Beaudin, City Manager Signature <br /> <br /> __________________________ <br /> Print name <br />ATTEST: <br /> <br />_____________________________ <br />DocuSign Envelope ID: E98D18FD-044F-4EAC-A836-347C5592F316