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21. CQVenan ac�air�st Cg�tin�aent Fee�. Consultant wana�nts that Consuitant has not <br /> employed c�r retained any company or person, other than a bona f�de employee working <br /> for Consultant, to sc�l'tcit or secure #his Hgreement, �nd that Consuftant has not paid or <br /> agreed #o pay any company ar person, c�th�r than a bona fide employee. any fee, <br /> commission� percent�age, brokerage fee, gift, or any other cons�dera�on contingent <br /> upon� or resuiting from� the award or making of this Agreement. For breach or violation <br /> of this warranty, City wlll have the r�ht to annul this Agreement withaut tiab�iiy� or, in its <br /> discretion, to deduct from the Agreemen# price or consld�rat�n, or othenn�se recover� <br /> the full amount of the fee� commission, percentage, brokerage fees, gift, ar contingent <br /> fee. <br /> 22. Claims and L,awsuits. Consu�tant acknowledges that �'a false claim is submltted <br /> to City by Consultant, �t may be consldered fraud and Consultant may be sub�ect to <br /> criminal prosecution. Consuttant acknawledges fhat Catifornia Governmen# Code <br /> sections 12650 e# seq., the False Clalms Act appties to this Agreement and, prov�des <br /> for cnril penal#ies v�ere a person knov�ringly submits a false cla�m #o a public entity. <br /> These provisions Enclude false claims made with deliberate ignorance a� the fatse <br /> information ar in reckless disregard of the truth or fals'rty of information. If Ci#y seeks to <br /> recover penat#ies pursuant to the Fa1se Ciatms Act� it is entitled to r�ecover its I�tigation <br /> costs, tnctuding attomeys fees. Consu�tan#acknawledges that the fif6ng o�t a false daim <br /> may sub}ect Consut�tant to an admin�siretive debarment proceeding as the result of <br /> which Consultr�nt may be prevented to act as a Consultant on any puWic Hrc�rlc or <br /> improvernent far e per�od of up to �ive (5j years. Consult�nt acknQVVledges disbarment <br /> by ana#her jurisdiction is grounds for C�ty to termtnate this Agreem�snt. <br /> 23. Jurtsdtct�an and Venu�. Any acticx� at taw or in equity brought by ei�ther of the <br /> Parties for#he purpose of +�nfarcing a �ght o�- r#ghts prov�ded for by this Agreement vvil! <br /> be tried in a court of compe#ent �u�i�dtc#ion in #he County of S�n Mateo� Stete of <br /> Californ�a� and the Parties waive �II provisions of law providing fior a change of venue in <br /> these proceedings to �ny other co�rnty. <br /> 24. Successors an�i Assi�ns. It �s mutually understood and agreed #hat this <br /> Agreement will be binding upon the Parties and their respective successors. Neither <br /> this Agreement nor any part of it nor�ny monies due or to become due under it may be <br /> assigned by Consultant without the prior cansent of City, which will not be unreasonably <br /> wi#hheld. <br /> 25. Paraqranh Headin�s. Paragraph headings as used herein are for convenience <br /> only and v�riq no# be deemed to be a part of such paragraphs and will not be construed <br /> to change the me�ning tttereof. <br /> 26. Entire A�reement. This Agreement, together writh any other a►rritten document <br /> referred to or c�templated by it, along with the purchase order for this Agree�ment and <br /> its provislons, embaly the entire Agreement and understending betw�en #he parties <br /> relating to the subjeet matter o# it. In case of conflict, the terms of the Agreement <br /> supersede the purch�se order and any other attachment or exhibit. Neither this <br /> REV; 12-15-14 VR <br /> Paye 7 of 11 <br /> ATTY/AGR2014.250/3ANDIS, Civil Enginee�it�, Surveyo�, Planners <br />