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payment is made. At any time during normal business hours, the records shall be made available <br />to the City to inspect and audit. <br />] 7. Confidentiality. Consultant shall exercise reasonable precautions to prevent the <br />unauthorized disclosure and use of City reports, information or conclusions. <br />18. ConFlicts of Interest Consultant covenants that other than this Agreement, <br />Consultant has no financial intcrest with any of£cial, employee or other representative of the <br />City. Consultant and its principals do not have any financial intcrest in real property, sources oP <br />income or investment that would be affected in any manner or degree by the performance oC <br />Consultant's services under this Agreement. [f such an interest occurs, Consultant will <br />inuncdiatcly notify the City. <br />19. Waiver. In the went either City or Consultant at any time waive any breach otthis <br />Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding <br />breach oCthis Agreement, whether of the same or ol'any other covenant, condition or obligation. <br />20. Governing Law. California law shall govern any legal action pursuant to this <br />Agreement with venue in the applicable court or forum for Alameda County. <br />21. 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 Consultant. <br />22. Scope of Agreement. This writing constitutes the entire Agreement between the <br />parties. Any modification to tltc Agreement shall be in writing and signed by both parties. <br />THIS AGREF,MENT executed the date and year first above written. <br />CITY OF PLF.ASANTON CONSULTANT <br />BY __ _ _ _ HY __.-- <br />Nelson Fialho, City Manager Jerry Iserson <br />ATTEST: <br />Karen Diaz, City Clerk <br />APPROVED AS TO FORM: <br />Michael H. Roush, City Attorney <br />Page 4 of 4 <br />