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16. 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 &this Agreement, whether of the same or of any other covenant, condition or obligation. <br /> <br /> 17. 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 /> 18. Scope of Agreement. This writing constitutes the entire Agreement between the <br /> parties, and modification shall not be effective unless evidenced by a written amendment signed <br /> by both parties. <br /> <br /> THIS AGREEMENT executed the date and year first above written. <br /> <br /> CITY OF PLEASANTON <br /> <br /> ~'-Deborah Acosta McKeehan, City Manager <br /> CONSULTANT <br /> <br /> ATTEST: <br /> <br />~--~)awn G. ~br~a~son, City Clerk <br /> APPROVED AS TO FORM: <br /> <br /> Michael H. Roush, City Attorney <br /> <br /> 6.26.01 4 <br /> <br /> <br />