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• • <br />16. Waiver. In the event either City or Consultant at any time waive any breach 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 />17. 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 plrty its reasonable costs and attorney's <br />fees expended in connection with such an action. <br />18. Scone 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 />THIS AGREEMENT executed the date and year first above written. <br />CITY OF PLEASANTON <br />~~~ _~'~- <br />eborah Acosta McKeehan, ity Manager <br />CONSULTANT <br />Its~,c ~ ~ ~ ~~. ~~r <br />ATTEST: <br />awn G. Abr amson, City Clerk <br />APPROVED AS TO FORM: <br />Michael H. Roush, City Attorney <br />6.26.01 4 <br />