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• 12. Waiver. In the event either City or TVC at any time waive any beach of this <br /> Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding <br /> breach of this Agreement, whether of the same or of any other covenant, condition or obligation. <br /> 13. Governing Law. Any legal action pursuant to this Agreement shall be governed by <br /> California law with venue in the applicable court or forum for Alameda County. <br /> 14. Attorney's Fees. The prevailing party in any action brought to enforce or construe <br /> the terms of this Agreement may recover from the other party its reasonable costs and attorney's <br /> and experts' fees expended in connection with such an action. <br /> 15. Scope of Agreement. This writing constitutes the entire Agreement between the <br /> parties, and modification shall not be effective unless evidenced by a written amendment signed <br /> by both parties. <br /> THIS AGREEMENT executed the date and year first above written. <br /> CITY OF PLEASANTON TRI-VALLEY CONSERVANCY <br /> A/61 <br /> BY. iGZ lL�v <br /> Nelson Fialho, City Manager <br /> Its tX ge%/'T7 cif- i/e--Ere rb 2_ <br /> ATTEST: <br /> .i - /r / /. <br /> �.:wn G. Abrah, son, City Clerk <br /> APPROVED AS TO FORM: <br /> /Ma/Mite #11/4/2 <br /> Michael H. Roush, City Attorney <br /> (aj:mydocs\agrmnts\05\TVC consery easmnt monitorg agrmt) <br /> 3 <br />