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3 <br /> <br />f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation <br />against the City, its officers, employees, and agents. <br /> <br />g. Defense Costs. Coverage shall be provided on a “pay on behalf of” basis, with <br />defense costs payable in addition to policy limits. There shall be no cross-liability <br />exclusions. <br /> <br />10. Notices. All notices shall be in writing and shall be sent by U.S. mail to Consultant at the <br />address stated above and to the “City Attorney’s Office” at P.O. Box 520, Pleasanton, CA 94566. <br /> <br />11. Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, <br />State, and Municipal laws, rules, and ordinances. <br /> <br />12. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement, <br />Consultant shall obtain a City of Pleasanton business license, which must be kept in effect during <br />the term of this Agreement. <br /> <br />13. Records and Audits. Consultant shall maintain all records regarding this Agreement and <br />the services performed for a period of three years from the date that final payment is made. <br /> <br />14. Confidentiality. Consultant shall exercise reasonable precautions to prevent the <br />unauthorized disclosure and use of City reports, information, or conclusions. <br /> <br />15. Conflicts of Interest. Consultant covenants that other than this Agreement, Consultant has <br />no financial interest with any official, employee or representative of the City. Consultant and its <br />principals do not have any financial interest in real property, sources of income or investment <br />that would be affected in any manner of degree by the performance of Consultant’s services <br />under this Agreement. If such an interest arises, Consultant will immediately notify City. <br /> <br />16. Waiver. In the event either City or Consultant waive any breach of this Agreement by the <br />other, such waiver shall not constitute a waiver of any other or succeeding breach of this <br />Agreement, whether of the same or of any other covenant, condition or obligation. <br /> <br />17. 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 />18. 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 first written above. <br /> <br />CITY OF PLEASANTON PERMITECH SOLUTIONS <br /> <br /> <br />__________________________ __________________________ <br />Gerry Beaudin, City Manager Lory Kendirjian, President <br />Docusign Envelope ID: 087DAABD-F970-871A-80D7-6D744ED2B653