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<br />5. Waiver. In the event either the City or HBPOA at any time waive any breach of this <br />Agreement by the other, such waiver shall not constitute a waiver of any other or <br />succeeding breach of this Agreement, whether of the same or of any other covenant, <br />condition or obligation. <br />6. 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 />7. 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 <br />attorney's fees expended in connection with such an action. <br />8. 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 <br />parties. <br />9. Amendment. This Agreement may be amended, modified or changed by the parties <br />provided that said amendment, modification or change is in writing and approved by both <br />parties. <br />CITY OF PLEASANTON HACIENDA BUSINESS PARK OWNERS <br /> ASSOCIATION <br />Nelson Fialho James Paxson <br />City Manager General Manager <br />ATTEST: <br />Dawn G. Abrahamson, City Clerk <br />APPROVED AS TO FORM: <br />Michael H. Roush, City Attorney <br />Geographic Information System Data Sharing License Agreement 4 <br />