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TO CITY: City Manager <br /> City of Pleasanton <br /> 200 Old Bernal Avenue <br /> Pleasanton, CA 94566 <br /> <br /> TO CONSULTANT: POD, INC. <br /> 200 Green Street, Suite 24 <br /> San Francisco, CA 94111 <br /> <br /> 14. 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 /> 15. 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 /> 16. Attorney'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 /> 17. Scope of Agreement. This writing constitutes the entire <br />agreement between the parties relative to planning services for <br />the project and modification hereof shall not be effective unless <br />and until such modification is evidenced by a writing signed by <br />both parties to this Agreement. <br /> <br /> - 4 - <br /> <br /> <br />