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9. Notices. All notices, demands, requests or approvals to be given under this Agreement shall be <br />given in writing and conclusively shall be deemed served when delivered personally or on the <br />second business day after the deposit thereof in the United States Mail, postage prepaid, <br />registered or certified, addressed as hereinafter provided. <br />To Contractor:Womack Striping, Inc. To City: City Manager <br />1336 Lone Palm Av City of Pleasanton <br />Modestom CA 95351 P.O. Box 520 <br />Pleasanton, CA 94566 <br />10. Miscellaneous Provisions. <br />a. City may terminate this Agreement at any time by mailing a notice to Contractor. <br />Contractor shall be paid for that portion of work or services already completed by Contractor as <br />approved by City. <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 notg <br />constitute a waiver of other or succeeding breaches of this Agreement. <br />e. This Agreement may only be modified by a writing signed by the authorized representative <br />of both parties. <br />f. 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 />g. 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 bear full <br />and exclusive responsibility for any release of hazardous or non-hazardous substances and <br />disposal of hazardous wastes. <br />h.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 three years from the date of final payment under this Agreement. <br />i. This Agreement shall be governed by the laws of the State of California, with venue for <br />any action under this Agreement in Alameda County, California. <br />Page 4 of 5 <br />Docusign Envelope ID: 3D0F2BF1-D6DF-892A-8062-266FE00BC6F0