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5 <br /> <br /> ______________________ City of Pleasanton <br /> ______________________ P.O. Box 520 <br /> ______________________ Pleasanton, CA 94566 <br /> <br />11. Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, State, and <br />Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or <br />in the provision of work under this Agreement on the basis of any legally protected classification, including <br />race, color, national origin, ancestry, sex or religion of such person. <br /> <br />12. 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 agreement. <br />Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature <br />complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform <br />Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other <br />transmission method, and any counterpart so delivered shall be deemed to have been duly and validly <br />delivered and be valid and effective for all purposes. <br /> <br />13. Miscellaneous Provisions. <br /> <br />a. City may terminate this Agreement at any time by mailing a notice to Contractor. Contractor shall <br />be paid for that portion of work already completed by Contractor as approved by City. <br /> <br />b. Contractor acknowledges that time is of the essence regarding the performance of this Agreement. <br /> <br />c. Contractor shall not assign or transfer this Agreement. <br /> <br />d. If either City or Contractor waives a breach of this Agreement, such waiver shall not constitute a <br />waiver of other or succeeding breaches of this Agreement. <br /> <br />e. This Agreement constitutes the entire understanding of the parties. <br /> <br />f. This Agreement may only be modified by a writing signed by the authorized representative of both <br />parties. <br /> <br />g. Contractor covenants that it has obtained and will keep in effect during the term of the Agreement <br />all certificates, licenses, including a City Business License, permits or the like required by any <br />federal, state or local regulatory agency in order to perform the work under this Agreement. <br /> <br />h. Contractor shall comply with all federal, state and local laws, regulations and rules, including but not <br />limited to applicable safety and environmental laws. Contractor shall bear full and exclusive <br />responsibility for any release of hazardous or non-hazardous substances and disposal of hazardous <br />wastes. <br /> <br />i. The Contractor will permit the City to audit, examine and make copies of all contracts, invoices, <br />payrolls and other documents or data relating to this Agreement. Such records shall be maintained <br />for (3) three years from the date of final payment under this Agreement. <br /> <br />j. This Agreement shall be governed by the laws of the State of California, with venue for any action <br />Tracy, CA 95376 <br />1852 W 11th st suite 149 <br />Docusign Envelope ID: 28533DFB-8675-8793-83AC-54FA0C9BB6FA