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d. Professional Liability Insurance <br /> Professional liability insurance in the amount of $1,000,000. <br /> <br /> e. Certificate of Insurance <br /> Consultant shall complete and file with the City prior to the City's execution of <br /> this Agreement, and prior to engaging in any operation or activity set forth in <br /> this Agreement. The Certificate of Insurance shall provide in writing that the <br /> insurance afforded by this Certificate shall not be suspended, voided, canceled, <br /> reduced in coverage or in limits without providing thirty (30) days prior written <br /> notice by certified mail, return receipt requested, has been given to the City. In <br /> addition, the insured shall provide thirty (30) days prior written notice to the <br /> City of any suspension, cancellation, reduction of coverage or in limits, or <br /> voiding of the insurance coverage required by this agreement. <br /> <br /> 14. 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 CITY: City Manager <br /> City of Pleasanton <br /> P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> <br /> TO CONSULTANT: <br /> <br /> 15. Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, <br />State, and Municipal laws, rules, and ordinances. No discrimination shall be made by Consultant in the <br />employment of persons to work under this contract because of race, color, national origin, ancestry, sex or <br />religion of such person. Prior to the City's execution of this Agreement and prior to the Consultant's <br />engaging in any operation or activity set forth in this Agreement, Consultant shall obtain a City ot <br />Pleasanton business license. Consultant shall keep the business license in full force and effect during the <br />term of this Agreement. <br /> <br /> 16. Waiver. In the event that either City or Consultant shall at any time or times waive any <br />breach of 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 /> 17. Attorney's Fees. The prevailing party in any action brought to enforce or construe the terms <br /> of this Agreement may recover fi.om the other party its reasonable costs and attorney's fees expended in <br /> connection with such an action. <br /> <br /> 18. Additional Provisions. The following additional provisions shall apply to this Agreement: <br /> None <br /> See Exhibit "C" attached hereto and incorporated herein by reference <br /> <br /> 19. Scope of Agreement. This writing constitutes the entire Agreement between the parties <br /> relative to the aforementioned services for the project and modification hereof shall not be effective unless <br /> and until such modification is evidenced by a written amendment signed by both parties to this Agreement. <br /> <br /> THIS AGREEMENT executed the date and year first above written. <br /> <br /> <br />