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11. 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 covered condition or obligation of this contract. <br /> <br /> 12. Independent Contractor. In the performance of the <br />obligations set forth in this agreement, Consultant shall have <br />the status of an independent contractor and shall not be considered <br />to be an employee of the City for any purpose. <br /> <br />13. Notices. All notices herein required shall be in <br />writing and shall be sent by certified or registered mail, postage <br /> <br />prepaid, addressed as follows: <br /> <br /> TO CITY: <br /> <br />TO CONSULTANT: <br /> <br />City Manager <br />City of Pleasanton <br />P. O. Box 520 <br />Pleasanton, CA 94566 <br /> <br />Merrill & Seeley <br />60 Mission Drive <br />Pleasanton, CA 94566 <br /> <br />Any change of address shall be promptly reported to the <br /> <br />other party and such new address shall take the Place of the <br /> <br />above-listed address for the purposes of this agreement. <br /> <br />THIS AGREEMENT is entered into as of the day and year first <br /> <br />above written: <br /> <br />CONSULTANT: <br /> <br />MERRILL & SEELEY <br /> <br />By <br /> Marc W. Seeley <br /> <br />CITY: <br /> <br />CITY OF PLEASANTON <br /> <br />ATTEST: <br /> <br />By <br /> James R. Walker, City Manager <br /> <br />APPROVED AS TO FORM: <br /> <br />Doris George, Deputy City Clerk' <br /> <br /> -10- <br /> <br />Peter D. MacDonald, City Attorney <br /> <br /> <br />