Laserfiche WebLink
upon, or resulting from, the award or making of this Agreement. For breach or violation <br /> of this warranty, City will have the right to annul this Agreement without liability, or, in its <br /> discretion, to deduct from the Agreement price or consideration, or otherwise recover, <br /> the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent <br /> fee. <br /> 21. Claims and Lawsuits. Consultant acknowledges that if a false claim is submitted <br /> to City by Consultant, it may be considered fraud and Consultant may be subject to <br /> criminal prosecution. Consultant acknowledges that Califomia Government Code <br /> sections 12650 et seq., the False Claims Act applies to this Agreement and, provides <br /> for civil penalties where a person knowingly submits a false claim to a public entity. <br /> These provisions include false claims made with deliberate ignorance of the false <br /> information or in reckless disregard of the truth or falsity of information. If City seeks to <br /> �ecover penalties pursuant to the False Claims Act, it is entitled to recover its litigation <br /> costs, including attorney's fees. Consultant acknowledges that the filing of a false claim <br /> may subject Consultant to an administrative debarment proceeding as the result of <br /> which Consultant may be prevented to act as a Consultant on any public work or <br /> improvement for a period of up to five (5) years. Consultant acknowledges disbarment <br /> by another jurisdiction is grounds for City to terminate this Agreement. <br /> 22. Jurisdiction and Venue. Any action at law or in equity brought by either of the <br /> Parties for the purpose of enforcing a right or rights provided for by this Agreement will <br /> be tried in a court of competent jurisdiction in the County of San Mateo, State of <br /> California, and the Parties waive all provisions of law providing for a change of venue in <br /> these proceedings to any other county. <br /> 23. Successors and AssiQns. It is mutually understood and agreed that this <br /> Agreement will be binding upon the Parties and their respective successors. Neither <br /> this Agreement nor any part of it nor any monies due or to become due under it may be <br /> assigned by Consultant without the prior consent of City, which will not be unreasonably <br /> withheld. <br /> 24. Paraaraah Headinas. Paragraph headings as used herein are for convenience <br /> only and will not be deemed to be a part of such paragraphs and will not be construed <br /> to change the meaning thereof. <br /> 25. Entire Aareement. This Agreement, together with any other written document <br /> referred to or contemplated by it, along with the purchase order for this Agreement and <br /> its provisions, embody the entire Agreement and understanding befinreen the parties <br /> relating to the subject matter of it. In case of conflict, the terms of the Agreement <br /> supersede the purchase order and any other attachment or exhibit. Neither this <br /> Agreement nor any of its provisions may be amended, modified, waived or discharged <br /> except in a writing signed by both parties. <br /> ATTY/AGR/2014.101/TERI BLACK&COMPANY-EXECUTIVE RECRUITMENTS <br /> REV:08-29-14 MLG <br /> Page 7 of 30 <br />