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work under this contract because of race, color, national origin, ancestry, sex <br />or religion of such person. Consultant shall comply with provisions of City's <br />Affirmative Action Contract Compliance Program. <br /> <br /> 16. Waiver. In the event that either the City or Consultant shall at <br />any time or times waive any breach of this Agreement by the other, such waiver <br />shall not constitute a waiver of any other or succeeding breach of this <br />Agreement', whether of the same or any other convenant, condition or obligation. <br /> <br /> 17. Attorney's Fees. The prevailing party in any action brought to <br />enforce or construe the terms of this Agreement may recover from the other <br />party its reasonable costs and attorney's fees expended in connection with such <br />an action. <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 modification <br />is evidenced by a writing signed by both parties to this Agreement. <br /> <br /> -6- <br /> <br /> <br />