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TO CONSULTANT: Freedman Tung & Bottomley <br /> 196 Castro Street <br /> Mountain View, CA 94041 <br /> <br /> 14. Conformance to Applicable Laws. Consultant shall comply with all <br /> applicable Federal, State, and Municipal laws, rules, and ordinances. <br /> No discrimination shall be made by Consultant in the employment of <br /> persons to work under this contract, because of race, color, national <br /> origin, ancestry, sex or religion of such person. Consultant shall <br /> comply with provisions of City's Affirmative Action Contract <br /> Compliance Program. <br /> <br /> 15. Waiver. In the event that either City or Consultant shall at any time <br /> or times waive any breach of this Agreement by the other, such <br /> waiver shall not constitute a waiver of any other or succeeding breach <br /> of this Agreement, whether of the same or any other covenant, <br /> condition or obligation. <br /> <br /> 16. Arbitration. Any controversy or claim rising out of or relating to this <br /> contract, or the breach thereof, shall be settled by arbitration in <br /> accordance with the rules of the American Arbitration Association, <br /> and judgement upon the award rendered by the arbitrators may be <br /> entered in any court having jurisdiction thereof. <br /> <br /> 17. Legal Action. The Consultant shall be reimbursed for any time <br /> involved in any legal action brought against the City in connection <br /> with its work or findings when Consultant is requested to testify in <br /> behalf of and by City. If it becomes necessary for the Consultant or <br /> any employee or subcontractor to testify at the request of City, then, <br /> such compensation shall be in addition to the maximum fee specified. <br /> In no case shall the Consultant be obligated to pay the City for any <br /> attorneys fees, expert witnesses, or other costs or expenses incurred <br /> as a result of claims or law suits made or filed against the City in <br /> connection with this contract or proposal, when such law suits are <br /> filed by other than the Consultant or City. <br /> <br /> 18. Scope of Agreement. This writing constitutes the entire agreement <br /> between the parties relative to engineering services for the project and <br /> modification hereof shall not be effective unless and until such <br /> modification is evidenced by a writing signed by both parties to this <br /> Agreement. <br /> <br /> 4 <br /> <br /> <br />