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<br /> <br /> <br />further covenants that, in the performance of this Agreement, it will not employ any person <br />having such an interest. Contractor certifies that no City officer, employee, or authorized <br />representative has any financial interest in the business of Contractor and that no person <br />associated with Contractor has any interest, direct or indirect, which could conflict with the <br />faithful performance of this Agreement. Contractor agrees to advise City if any conflicts arise. <br /> <br />11. Campaign Contribution Disclosure. Consultant has complied with the campaign <br />contribution disclosure provisions of the California Levine Act (Govt. Code § 84308) and has <br />completed the Levine Act Disclosure Statement attached hereto as Exhibit C. <br /> <br />12. Miscellaneous Provisions. <br /> <br />a. City may terminate this Agreement at any time by mailing a notice to Contractor. Contractor <br />shall be paid for that portion of work or services already completed by Contractor as approved by <br />City. <br /> <br />b. Contractor acknowledges that time is of the essence regarding the performance of this <br />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 <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 representative of <br />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 like <br />required by any federal, state or local regulatory agency in order to perform the work under this <br />Agreement. <br /> <br />h. Contractor shall comply with all federal, state and local laws, regulations and rules, including <br />but not limited to applicable safety and environmental laws. Contractor shall bear full and <br />exclusive responsibility for any release of hazardous or non-hazardous substances and disposal <br />of hazardous wastes. <br /> <br />i. 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. Such records shall be <br />maintained 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 <br />action under this Agreement in Alameda County, California. <br /> <br />Docusign Envelope ID: 12D38450-126F-85C2-806D-B77CACC97D2B