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10.2 Venue. In the event that either Party brings any action against the other under <br />this Agreement, the Parties agree that trial of such action shall be vested <br />exclusively in the state courts of California in the County of Alameda or in the <br />United States District Court for the Northern District of California. <br />10.3 Severability. If a court of competent jurisdiction finds or rules that any provision <br />of this Agreement is invalid, void, or unenforceable, the provisions of this <br />Agreement not so adjudged shall remain in frill force and effect. The invalidity in <br />whole or in part of any provision of this Agreement shall not void or affect the <br />validity of any other provision of this Agreement. <br />10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision <br />of this Agreement does not constitute a waiver of any other breach of that term or <br />any other term of this Agreement. <br />10.5 Successors and Assigns. The provisions of this Agreement shall inure to the <br />benefit of and shall apply to and bind the successors and assigns of the Parties. <br />10.6 Use of Recycled Products. Consultant shall endeavor to prepare and submit all <br />reports, written studies and other printed material on recycled paper to the extent <br />it is available at equal or less cost than virgin paper. <br />10.7 Conflict of Interest. Consultant may serve other clients, but will not knowingly <br />serve those whose activities within the corporate limits of City or whose <br />business, regardless of location, would place Consultant in a "conflict of interest," <br />as that term is defined in the Political Reform Act, codified at California <br />Government Code Section 81000 et seg. <br />Consultant shall not employ any City official in the work performed pursuant to <br />this Agreement. No officer or employee of City shall have any financial interest in <br />this Agreement that would violate California Government Code Sections 1090 et <br />seq. <br />Consultant hereby warrants that it is not now, nor has it been in the previous <br />twelve (12) months, an employee, agent, appointee, or official of the City. If <br />Consultant was an employee, agent, appointee, or official of the City in the <br />previous twelve months, Consultant warrants that it did not participate in any <br />manner in the forming of this Agreement. Consultant understands that, if this <br />Agreement is made in violation of Government Code § 1090 et.seq., the entire <br />Agreement is void and Consultant will not be entitled to any compensation for <br />services performed pursuant to this Agreement, including reimbursement of <br />expenses, and Consultant will be required to reimburse the City for any sums paid <br />to the Consultant. Consultant understands that, in addition to the foregoing, it may <br />be subject to criminal prosecution for a violation of Government Code § 1090 <br />and, if applicable, will be disqualified from holding public office in the State of <br />California. <br />Consulting Services Agreement between September 2008 <br />City of San Leandro and CH2M HILL Page 12of 21 <br />