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<br />M.iQ<. Mc:.lri~re- Ai!reelllent.!?:dj <br /> <br />.' <br /> <br />. . =:.- '.= .:>~.. <br /> <br />. . .Page 5~ <br /> <br />20. Conflicts of I oterost. Consultant covenants that other than this Agreerrent, <br />Consultant has no financial interest with any official, elT\lloyee or othar representative of the <br />City. Consultant and its principals do not have any financial interest In real property, sources of <br />incorre or investment that would be affected in any rrenneror degree by the perfonrence of <br />Consultanfs services under this Agreerrenl If such an Interest occurs, Consultant will <br />ilT1'Tlldiately notify the City. <br /> <br />21. Waiver. In the event either City or Consultant at any tirre waive any breach of <br />this Agreerrent by the other, such waiver shall not constitute a waiver ohny other or succeeding <br />breach of this Agreerrent, whether of the sarre or of any other covenant, condition or obligation. <br /> <br />22. Governlno Law. California law shall govarn any legal action pursuant to this <br />Agreerrent with venue in tha applicable court orforum 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 Agreerrent rrey recoverfromthe other party Its reasonable costs and <br />attorney's fees expended In connection with such an action. <br /> <br />24. No Personal Liability. No official orelT\lloyee of City shall be personally liable <br />to Consultant in the event ohny default or breach by the City orfor any armunt due Consultant. <br /> <br />25. Scone of AGreement. This writing constitutes the entire Agreerrent between the <br />parties. Any rmdification to the Agreerrent shall be in writing and signed by both parties. <br /> <br /> <br /> <br />By~________________________________ <br />Nelson Fialho, City Manager <br /> <br />~ST:_ <br />~ <br />fPftl{~:;;Oi?~ <br /> <br />Miciiael-H~ R oush~-cjiy-Atto mey---- <br /> <br /> <br />04105 <br /> <br />Alge5of5 <br />