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.. <br /> 19. �iscrimination and Harassment Prohibited. Consultant witl cornply with all <br /> applicable locat, state and feder�l laws and regulations prohibiting discrimina#ion and <br /> harassment. <br /> 2�, Terminai�on. In #he event of the Consultant's failure to prosecute, d�tiver, or <br /> perform tF�e Senrices, Gity may t�rminate thi� Agreement far nonp�rformance by <br /> notifying Consultant in wnting pursuant to the notice provisions ofi this Agreement. <br /> If City decides to abandon or pos#pone the work or services cont�mpiated by this <br /> Agreement, City may terminate this Agresm�ant upon written notice ta Cor�sultant <br /> pursuant ta the noti+ce provisions af th`rs Agreement. Terminatian will be effective <br /> �mmediately upor� notif'�cation. <br /> Either Party upon tendering thirty (30} days written notice to the other party may <br /> terminat�this Agreament. <br /> Wi#hin 14 days af terminatian Consultant will assemble the work product without charge <br /> and put it in order#or praper#il�ng and ciosing and deliver it to City. Consultant wiil be <br /> paid fior wark performed up to the fermination date; hawever, the total will not exceed <br /> the lump sum fee payable und�r this Agreemeni. City will make a detsrmina#ian of#inal <br /> payment based upon the value of the wark product delivered to City and the perc:entage <br /> of the services performed. <br /> 21. Covenants A ains# Cantin ent Fees. Consultant warrants #ha# Consuitant has <br /> no# empioyed ar retained any company or person, other than a bona fide emplayee <br /> working for Cansuitant, to solicit or s�cure this Agreem�nt, and that Consuitant has not <br /> paid or agreed to pay any company or person, o#her than a bona �de employee, any <br /> fee, commiss�on, percentage, brokerage fee, gift, or any other cansideration con#ingent <br /> upc�n, or resulting from, the aw�rd or making of this Agreement. For breach or violatic�n <br /> of this warr�n#y, City will have the right to annul this Agreemen#without liability, ar, in its <br /> discretion, to deduct from the Agreem�nt price vr consideration, or otherwise recover, <br /> the fuii amount +of the fee, cammission� percentage, brokerage fees, gift, ar contingent <br /> fee. <br /> 22. Claims And Lawsuits. Consuttan#acknowledges that if a faise ctaim �s submitted <br /> to City by Consultan#, it may be ccrosidered fr�ud and Cansultant may be sub�ect to <br /> criminal pcosecution. C+�nsul#�nt acknowledges #hat California Govemment Code <br /> sections 12fi54 et seq., the False Claims Act applies to this Agreemerrt and, pmvides <br /> for civil penaltiss where a person knowingly submits a fals� claim ta a public entity. <br /> These provisions include false claims m�de with deliberafe ignarance c�f the #alse <br /> inforn►atic�n or in reckless disregard of ths truth or falsity of information, If City seeks to <br /> r�cover penatties pursuant to the False Claims Act, it is entitted to recover its litigatic�n <br /> costs, inciuding attorney"s fees. Consultan#acknowledges tha#the filing of a false ciaim <br /> may subject Cortsultant t4 an adm�nis#rative debannent proceeding as the resutt af <br /> which Consuitant may be prevented to act as a Consultant on any public work Qr <br /> REV:ip-03-I4 MLG <br /> Page 7 of 15 <br /> ATTY/AGR;2i�14.200Nerde Design,lnc. <br />