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Page 5 of 5 <br />19. Waiver. In the event either City or Consultant at any time waive any breach 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 <br />obligation. <br /> <br />20. Governing Law. California law shall govern any legal action pursuant to this Agreement <br />with venue in the applicable court or forum for Alameda County. <br /> <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 /> <br />22. Exhibits. All exhibits referred to herein are attached hereto and are by this reference <br />incorporated herein. <br /> <br />23. 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 /> <br />24. 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. <br /> <br />THIS AGREEMENT executed the date and year first above written. <br /> <br />CITY OF PLEASANTON CONSULTANT <br /> <br /> <br />By: <br /> <br />Gerry Beaudin, City Manager Erik Piller, <br /> Executive Vice President <br />ATTEST: <br /> <br />Jocelyn Kwong, City Clerk <br />Approved as to form: <br /> <br />Daniel G. Sodergren, City Attorney <br />[If Consultant is a corporation, signatures must comply with California Corporations Code §313] <br />Rev. 11/23 <br />Page 113 of 242