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provision of services under this Agreement on the basis of any legally protected classification, <br /> including race, color, national origin, ancestry, sex or religion of such person. <br /> 10. Licenses, Certifications and Permits. TVC covenants that it shall obtain all <br /> certificates, licenses,permits and the like required to perform its services under this Agreement. <br /> 11. 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 /> 12. Governing Law. Any legal action pursuant to this Agreement shall be governed <br /> by California law with venue in the applicable court or forum for Alameda County. <br /> 13. Attorneys' 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 attorneys' <br /> and experts' fees expended in connection with such an action. <br /> 14. 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 /> By By <br /> Nelson Fialho, City Manager aron Bunt , Executive Director <br /> ATT • ST: <br /> /mil. ./Mid 1 <br /> K.ren Gonza e <br /> D-puty City Cle k <br /> APPROVED AS TO FORM: <br /> Michael H. Roush, City Attorney <br /> 3 <br />