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<br /> <br /> <br />19. Waiver. In the event either City or Consultant at any time waive any breach of this Agreement by <br />the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, <br />whether of the same or of any other covenant, condition or obligation. <br /> <br />20. Governing Law. California law shall govern any legal action pursuant to this Agreement with <br />venue in the applicable court or forum for Alameda County. <br /> <br />21. No Personal Liability. No official or employee of City shall be personally liable to Consultant in <br />the event of any default or breach by the City or for any amount due Consultant. <br /> <br />22. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated <br />herein. <br /> <br />23. 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 electronic <br />signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California <br />Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other <br />transmission 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 /> <br />24. Scope of Agreement. This writing constitutes the entire Agreement between the parties. Any <br />modification to the Agreement shall be in writing and signed by both parties. <br /> <br />THIS AGREEMENT executed the date and year first above written. <br /> <br /> <br />CITY OF PLEASANTON CONSULTANT <br /> <br /> <br />__________________________ By: __________________________ <br />Gerry Beaudin, City Manager Signature <br /> <br />ATTEST: __________________________ <br />Print name <br />__________________________ <br />Jocelyn Kwong, City Clerk Its: __________________________ <br />Title <br />APPROVED AS TO FORM: <br /> <br />_________________________ <br />Daniel G. Sodergren, City Attorney <br /> <br /> <br /> <br />Docusign Envelope ID: 280D25DE-4912-43C8-ADF4-66BAAA118BD0 <br />Jeffrey D. Pelz <br />Vice President