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Page 4 of 6 <br /> <br />g. Defense Costs. Coverage shall be provided on a “pay on behalf of” basis, with defense <br />costs payable in addition to policy limits. There shall be no cross liability exclusions. These <br />provisions do not apply to Professional Liability. <br /> <br />h. Subcontractors. Consultant shall include all subcontractors as insured under its policies <br />or shall furnish separate certificates and endorsements for each subcontractor. All coverages for <br />subcontractors shall be subject to all of the requirements stated in this Agreement, including but <br />not limited naming additional insureds. <br /> <br />13. Notices. All notices herein required shall be in writing and shall be sent by certified or <br />registered mail, postage prepaid, addressed as follows: <br /> <br />To Consultant: __________________ To City: City Manager <br /> __________________ City of Pleasanton <br /> ___________________ P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> <br />14. Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, <br />State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the <br />employment of persons or in the provision of services under this Agreement on the basis of any <br />legally protected classification, including race, color, national origin, ancestry, sex or religion of <br />such person. <br /> <br />15. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and <br />prior to the Consultant’s engaging in any operation or activity set forth in this Agreement, <br />Consultant shall obtain a City of Pleasanton business license, which must be kept in effect during <br />the term of this Agreement. Consultant covenants that it has obtained all certificates, licenses, <br />permits and the like required to perform the services under this Agreement. <br /> <br />16. Records and Audits. Consultant shall maintain all records regarding this Agreement and the <br />services performed for a period of three years from the date that final payment is made. At any <br />time during normal business hours, the records shall be made available to the City to inspect and <br />audit. <br /> <br />17. Confidentiality. Consultant shall exercise reasonable precautions to prevent the <br />unauthorized disclosure and use of City reports, information or conclusions. <br /> <br />18. Conflicts of Interest. Consultant covenants that other than this Agreement, Consultant has <br />no financial interest with any official, employee or other representative of the City. Consultant <br />and its principals do not have any financial interest in real property, sources of income or <br />investment that would be affected in any manner of degree by the performance of Consultant’s <br />services under this Agreement. If such an interest arises, Consultant will immediately notify the <br />City. <br /> <br />19. 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 />Docusign Envelope ID: DBCE8D5B-AF97-4F03-B1B3-A8D5FBA62E6F