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16.Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, <br />State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the <br />employment of persons or in the provision of services under this Agreement on the basis of any <br />legally protected classification, including race, color, national origin, ancestry, sex or religion of <br />such person. <br />17.Licenses, Certifications, Copyrights and Permits. Prior to the City's execution of this <br />Agreement and prior to the Consultant's engaging in any operation or activity set forth in this <br />Agreement, Consultant shall obtain a City of Pleasanton business license, which must be kept in <br />effect during the term of this Agreement. Consultant represents that its work will not unlawfully <br />infringe any other copyrighted work. Consultant covenants that it has obtained all certificates, <br />licenses, permits and the like required to perform the services under this Agreement. <br />18.Records and Audits. Consultant shall maintain all records regarding this Agreement and the <br />services performed for a period of three years from the date that final payment is made. At any <br />time during normal business hours, the records shall be made available to the City to inspect and <br />audit. <br />19.Confidentiality. Consultant shall exercise reasonable precautions to prevent the <br />unauthorized disclosure and use of City reports, information or conclusions. <br />20.Conflicts of Interest. Consultant covenants that other than this Agreement, Consultant has <br />no financial interest with any official, employee or other representative of the City. Consultant <br />and its principals do not have any financial interest in real property, sources of income or <br />investment that would be affected in any manner by the performance of Consultant’s services <br />under this Agreement. If such an interest occurs, Consultant will immediately notify the City. <br />21.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 obligation. <br />22.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 />23.Attorney's Fees. The prevailing party in any action brought to enforce or construe the terms <br />of this Agreement may recover from the other party its reasonable costs and attorney's fees <br />expended in connection with such an action. <br />24.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 />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 />Docusign Envelope ID: 471CA0CF-5953-892C-80C6-A271E430039E