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<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. Governinl!: 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. Attornev'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 Liabilitv. 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. Scone of Al!:reement. 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 <br /> <br />CONSULT ANT <br /> <br />By: <br />Nelson Fialho, City Manager <br /> <br />By <br />Print Name <br />Its <br /> <br />ATTEST: <br /> <br />- <br />Karen Diaz, City Clerk <br /> <br />APPROVED AS TO FORM: <br /> <br />- <br />Michael H. Roush, City Attorney <br /> <br />Professional Services Agreement with Public Resource Management <br /> <br />Page 5 of5 <br />