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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 <br />this 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 <br />construe the terms of this Agreement may recover from the other party its reasonable costs and <br />attorney's fees expended in connection with such an action. <br /> <br /> 24. No Personal Liabili~.. No official or employee of City shall be personally liable <br />to Consultant in the event of any default or breach by the City or for any amount due Consultant. <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 /> THIS AGREEMENT executed the date and year first above written. <br /> <br />CITY OF PLEASANTON CONSULTANT <br /> <br />By: By <br /> Nelson Fialho, City Manager <br /> Its <br />ATTEST: <br /> <br />Dawn G. Abrahamson, City Clerk <br />APPROVED AS TO FORM: <br /> <br /> Michael H. Roush, City Attomey <br /> <br /> 11/04 Page 5 of 5 <br /> <br /> <br />