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d. Certificate of Insurance <br /> <br /> Consultant shall complete and file with the City's <br /> Department of Finance, within fifteen (15) days of <br /> the execution of this Agreement, and prior to <br /> engaging in any operation or activity set forth in <br /> this Agreement, certificates of insurance which <br /> shall provide that no cancellation, major change in <br /> coverage, or expiration by the insurance company <br /> will be made during the term of this Agreement, <br /> without thirty (30) days written notice to City <br /> prior to the effective date of such cancellation, or <br /> change in coverage. <br /> <br /> 14. Notices. All notices herein required shall be in <br />writing and shall be sent by certified or registered mail, <br />postage prepaid, addressed as follows: <br /> <br /> TO CITY: City Manager <br /> City of Pleasanton <br /> 200 Old Bernal Avenue <br /> Pleasanton, CA 94566 <br /> <br /> TO CONSULTANT: Merrill, Seeley, Mullen, <br /> Sandefur, Inc. <br /> 120 Spring Street <br /> Pleasanton, CA 94566 <br /> <br /> 15. Conformance to Applicable Laws. Consultant shall comply <br />with all applicable Federal, State, and municipal laws, rules, <br />and ordinances. No discrimination shall be made by Consultant in <br />the employment of persons to work under this contract because of <br />race, color, national origin, ancestry, sex or religion of such <br />person. Consultant shall comply with provisions of City's <br />Affirmative Action Contract Compliance Program. <br /> <br /> 16. Waiver. In the event that either City or Consultant <br />shall at any time or times waive any breach of this Agreement by <br />the other, such waiver shall not constitute a waiver of any other <br />or succeeding breach of this Agreement, whether of the same or <br />any other covenant, condition or obligation. <br /> <br /> 17. Attorne¥'s Fees. The prevailing party in any action <br />brought to enforce or construe the terms of this Agreement may <br />recover from the other party its reasonable costs and attorney's <br />fees expended in connection with such an action. <br /> <br /> 18. Scope of Agreement. This writing constitutes the entire <br />agreement between the parties relative to engineering services <br />for the project and modification hereof shall not be effective <br />unless and until such modification is evidenced by a writing <br />signed by both parties to this Agreement. <br /> <br /> - 4 - <br /> <br /> <br />