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12 <br /> <br />d. If either City or Contractor waives a breach of this Agreement, such waiver shall not <br />constitute a 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 <br />representative of both parties. <br /> <br />g. Contractor covenants that it has obtained and will keep in effect during the term of the <br />Agreement all certificates, licenses, including a City Business License, permits or the <br />like required by any federal, state or local regulatory agency in order to perform the <br />work under this Agreement. <br /> <br />41. Contractor shall comply with all federal, state and local laws, regulations and rules, <br />including but not limited to applicable safety and environmental laws. Contractor shall <br />bear full and exclusive responsibility for any release of hazardous or non-hazardous <br />substances and disposal of hazardous wastes. <br /> <br />a. The Contractor will permit the City to audit, examine and make copies of all <br />contracts, invoices, payrolls and other documents or data relating to this Agreement, <br />except Contractor will not be required to provide access to information disclosing its <br />margins. Such records shall be maintained for (3) three years from the date of final <br />payment under this Agreement. <br /> <br />b. This Agreement shall be governed by the laws of the State of California, with venue <br />for any action under this Agreement in Alameda County, California. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year <br />first above written. <br /> <br />CITY OF PLEASANTON CONTRACTOR <br /> <br /> <br />________________________ By: __________________________ <br />Joseph Calabrigo, Interim City <br />Manager <br /> <br /> Signature <br /> __________________________ <br /> <br /> <br /> Print name <br />ATTEST: <br /> <br /> Title: __________________________ <br /> <br />_________________________ [If Contractor is a corporation, signatures must <br />Jocelyn Kwong, City Clerk <br /> <br /> comply with California Corporations Code §313] <br />Page 207 of 443