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11 <br />Confidential <br />b. Contractor acknowledges that time is of the essence regarding the performance of this <br />Agreement. <br />c. Contractor shall not assign or transfer this Agreement. <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 />e. This Agreement constitutes the entire understanding of the parties. <br />f. This Agreement may only be modified by a writing signed by the authorized representative <br />of both parties. <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 like <br />required by any federal, state or local regulatory agency in order to perform the work under <br />this Agreement. <br />37. Contractor shall comply with all federal, state and local laws, regulations and rules, including but <br />not 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 />a.The Contractor will permit the City to audit, examine and make copies of all contracts, <br />invoices, payrolls and other documents or data relating to this Agreement, except Contractor <br />will not be required to provide access to information disclosing its margins. Such records <br />shall be maintained for (3) three years from the date of final payment under this Agreement. <br />b.This Agreement shall be governed by the laws of the State of California, with venue for any <br />action under this Agreement in Alameda County, California. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year <br />first above written. <br />CITY OF PLEASANTON CONTRACTOR <br />________________________By: __________________________ <br />Joseph Calabrigo, Interim City <br />Manager <br />Signature <br />Print name <br />ATTEST: Title: __________________________ <br />Les Miller <br />Sr. Manager Sales <br />Docusign Envelope ID: 6AD75F50-8A33-85A5-8039-9E3E1257A838Docusign Envelope ID: 177582DA-4F1C-8834-813C-BC4FD03AA45E