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employment of persons to work under this contract because of race, <br />color, national origin, ancestry, sex or religion of such person. <br />Consultant shall comply with provisions of City's Affirmative <br />Action Contract Compliance Program. <br /> <br /> 15. Waiver. In the event that either City or Consultant shall <br />at any time or times waive any breach of this Agreement by the <br />other, such waiver shall not constitute a waiver of any other or <br />succeeding breach of this Agreement, whether of the same or any <br />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 recover <br />from the other party its reasonable costs and attorney's fees expended <br />in connection with such an action. <br /> <br /> 17. Scope of Agreement. This writing constitutes the entire <br />agreement between the parties relative to engineering 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 both <br />parties to this Agreement. <br /> <br />THIS AGREEMENT executed the date and year first above written. <br /> <br />GEORGE S. NOLTE AND ASSOCIATES <br /> <br />By <br /> <br />CITY OF PLEASANTON <br /> <br />ATTEST: <br /> <br />By <br /> Kenneth R. Mercer, Mayor <br /> <br />James R. Walker, City Clerk <br />APPROVED AS TO FORM: <br /> <br />Peter D. MacDonald, City Attorney <br /> <br /> <br />