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SECTION III <br />IT IS MUTUALLY AGREED: <br />A. This MOU constitutes the entire agreement between the parties regarding the subject <br />matter hereof and any oral discussions or written or oral agreements with respect thereto <br />preceding the effective date of this MOU are superseded hereby. No amendment, <br />alteration or variation of the terms of this MOU shall be valid unless made in writing and <br />signed by the parties hereto, and no oral understanding or agreement not incorporated <br />herein shall be binding on any of the parties hereto. <br />B. CMA and PLEASANTON each render their services under this MOU as independent <br />agencies. None of the agents or employees of either shall be deemed agents or employees <br />of the other. <br />C. Any notice given under this MOU shall be in writing and shall be deemed given if <br />delivered personally or mailed by registered or certified mail or commercial overnight <br />courier, return receipt or confirmation of delivery requested, or by facsimile transmission <br />with voice confirmation of receipt, the parties at the following addresses (or at such other <br />address for a party as shall be specified by like notice): <br />If to PLEASANTON: <br />Nelson Fialho <br />City Manager <br />City of Pleasanton <br />123 Main Street <br />Pleasanton, CA 94566 <br />If to CMA <br />Liz Brazil <br />Contract Administrator <br />Alameda County Congestion Management <br />Agency <br />1333 Broadway, Suite 220 <br />Oakland, CA 94612 <br />Facsimile: (925) 931-5479 <br />Facsimile: (510) 836-2185 <br />This agreement is made as of the date first set forth above. <br />CITY OF PLEASANTON <br />ALAMEDA COUNTY CONGESTION <br />MANAGEMENT AGENCY <br />B ~ By: <br />Y• <br />Je ' er Hosterman, Mayor Dennis R. Fay, Executive Di ctor <br />City of Pleasanton <br />l~ <br />Attest: != Attest: ~ <br />Michael Roush, ity Attorney We el, Rosen, Black & Dean LLP <br />City of Pleasanton CMA Legal Counsel <br />