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10.2 Venue. In the event that either party brings any action against the other under this <br />Agreement, the parties agree that trial of such action shall be vested exclusively in <br />the state courts of California in the County of Alameda or in the United States <br />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 full 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 ImAlied 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 it <br />is available at equal or less cost than virgin paper. <br />10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities <br />within the corporate limits of City or whose business, regardless of location, would <br />place Consultant in a "conflict of interest," as that term is defined in the Political <br />Reform Act, codified at California Government Code Section 81000 et seq. <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 fmancial 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 twelve <br />(12) months, an employee, agent, appointee, or official of the City. If Consultant <br />was an employee, agent, appointee, or official of the City in the previous twelve <br />months, Consultant warrants that it did not participate in any manner in the forming <br />of this Agreement. Consultant understands that, if this Agreement is made in <br />violation of Government Code §1090 et.seq., the entire Agreement is void and <br />Consultant will not be entitled to any compensation for services performed <br />pursuant to this Agreement, including reimbursement of expenses, and Consultant <br />will be required to reimburse the City for any sums paid to the Consultant. <br />Consultant understands that, in addition to the foregoing, it may be subject to <br />criminal prosecution for a violation of Government Code § 1090 and, if applicable, <br />will be disqualified from holding public office in the State of California. <br />Consulting Services Agreement between February 7, 2005 <br />City of San Leandro and Calcon Systems, Inc. Page 12 of 17 <br />