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Page 6 of 8 <br /> <br />25.Counterparts and Electronic Signatures. This Agreement may be executed in multiple <br />counterparts, each of which shall be an original and all of which together shall constitute one <br />agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any <br />electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et <br />seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other <br />applicable law) or other transmission method, and any counterpart so delivered shall be deemed <br />to have been duly and validly delivered and be valid and effective for all purposes. <br />26.Force Majeure - At no time shall Consultant be liable for delays beyond its reasonable control. <br />27.Scope of Agreement. This writing constitutes the entire Agreement between the parties. <br />Any modification to the Agreement shall be in writing and signed by both parties. Any <br />inconsistency in any documents relating to the services shall be resolved by giving precedence to <br />the terms and conditions of this Agreement (including any exhibits attached hereto). <br />28.Provided Materials. Regarding any instruments of service or designs which have been <br />prepared by others and provided to Consultant by City for use for the project, City warrants <br />to Consultant that it has the intellectual property rights, including copyright rights, for such <br />use; and in this regard City shall to the full extent permitted by law release, indemnify and <br />hold harmless Consultant and Consultant’s subcontractors, and their respective affiliated <br />entities and individuals, from and against any and all claims, costs, liability and/or losses <br />related to or arising out of City’s actual or alleged breach of this warranty. <br />THIS AGREEMENT executed the date and year first above written. <br />CITY OF PLEASANTON CONSULTANT <br />By: <br />Gerry Beaudin, City Manager Signature <br />ATTEST: <br />Print name <br />Jocelyn Kwong, City Clerk Its: <br />Title <br />Approved as to form: <br />By: <br />Daniel G. Sodergren, City Attorney Signature <br />Print name <br />Its: <br />Title <br />aocusign bnvelope faW RCRMVTTO-AaTO-4Sa8-848V-VAcS8aM88OVS <br />janaging martner <br />oob Budetti <br />Docusign Envelope ID: AEF3E0F6-239B-412C-A00B-0D324718521B