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12. Waiver. In the event either City or TVC at any time waive any beach 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 /> 13. Governing Law. Any legal action pursuant to this Agreement shall be governed by <br />California law with venue in the applicable court or forum for Alameda County. <br /> <br /> 14. 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 />and experts' fees expended in connection with such an action. <br /> <br /> 15. Seooe 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 />T~-VALLEYCONSERVANCY <br /> <br />Nelson Fialho, City Manager <br /> <br />By <br /> <br /> Its <br /> <br />ATTEST: <br /> <br />Dawn G. Abrahamson, City Clerk <br /> <br />APPROVED AS TO FORM: <br /> <br />Michael H. Roush, City Attorney <br /> <br />(aj:mydocs~agrmnts\05\TVC conserv easmnt monitorg agrmt ) <br /> <br /> <br />