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20. 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 <br />succeeding breach of this Agreement, whether of the same or of any other covenant, <br />condition or obligation. <br />21. Governing Law. California law shall govern any legal action pursuant to this Agreement <br />with venue in the applicable court or forum for Alameda County. <br />22. Attorney's Fees. The prevailing party in any action brought to enforce or construe the <br />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 />23. No Personal Liability. No official or employee of City shall be personally liable to <br />Consultant in the event of any default or breach by the City or for any amount due <br />Consultant. <br />24. Scope of Agreement. This Agreement represents the full and complete understanding of <br />every kind or nature whatsoever between the parties hereto, and all preliminary <br />negotiations and agreements of whatsoever kind or nature are merged herein. No verbal <br />agreement or implied covenant shall be held to vary the provisions hereof. Any <br />modification of this Agreement will be effective only by written execution signed by both <br />City and Consultant. <br />THIS AGREEMENT executed the date and year first above written. <br />CITY OF PLEASANTON <br />By: <br />Nelson Fialho, City Manager <br />ATTEST: <br />Karen Diaz, City Clerk <br />APPROVED AS TO FORM: <br />Michael H. Roush, City Attorney <br />CONSULTANT <br />By <br />Its <br />9 <br />