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10. NO ASSIGNMENT OF THIS AGREEMENT. This Agreement shall not be assigned <br />or transferred without the prior written consent of the City. <br />11. TIME OF ESSENCE. Time is of the essence in the performance of this Agreement. No <br />waiver by either party of the nonperformance or any breach of any term, provision, or condition <br />of this Agreement, or any default under it shall be considered to be or operate as a waiver of any <br />subsequent nonperformance, breach or default. <br />12. AMENDMENT. This Agreement may be amended or modified by the parties provided <br />that said amendment or modification is in writing and approved by all parties. <br />13. TERM. The term of this Agreement shall be for the duration of the Project in the Right of <br />Way, PSE, and public parks, plus time needed to remove and restore, as well as the one (1) year <br />maintenance period. SZD and Consultant may apply to modify or terminate this Agreement at <br />any time by written request to City and approval of the modification or termination by the City. <br />Any City -approved modification or termination shall not be effective until approved in writing by <br />the City. <br />14. VENUE. The venue for any action to interpret or enforce this Agreement shall be the <br />appropriate court in Alameda County, California. <br />15. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the <br />parties, and if there is any conflict between this Agreement and the Encroachment Permit, this <br />Agreement shall prevail. <br />16. COUNTERPARTS. This Agreement may be executed in counterparts, each of which <br />shall be deemed an original. For purposes of executing this Agreement a PDF or facsimile copy of <br />a signature shall have the same force and effect as the original. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the <br />date first written above. <br />CITY OF PLEASANTON <br />elson Fialho, City 1'0/ager <br />ATTEST: <br />J c lyn4K%ve. City Clerk <br />SZ - Schwerin- Zimm 7-2c, <br />Doyle <br />�(' <br />Signature <br />Print Name <br />Print Title <br />?'_ftV.,4J <br />APPROVED AS TO FORM: Note: Tivo signatures required if corporation <br />