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Agmt15 Quint & Thimmig LLP Attorney at Law
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Agmt15 Quint & Thimmig LLP Attorney at Law
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Last modified
4/7/2015 3:53:03 PM
Creation date
4/7/2015 3:52:06 PM
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Agreement
Contractor Name
Quint & Thimmig, LLP Attorney at Law
PROJECT NAME
Refunding of outstanding Water Revenue Bonds 2006A
RMP File Number
505
Date
4/7/2015
Reso Ref
15391
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commission, percentage, brokerage fee, gift, or any other consideration contingent <br /> upon, or resulting from, the award or making of this Agreement. For breach or violation <br /> of this warranty, City wiil 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. Cansultant acknowledges that if a false claim is submitted <br /> to CitX by Consultant, it may be considered fraud and Consultant may be subject to <br /> criminal prosecution. Consultant acknowledges that Califomia �overnment 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 /> recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation <br /> costs, including attomey'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 u p to five (5) y e a r s. C o n s u l t a n t ac knaw le dges 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 campetent jurisdiction in the County of San Mateo, State af <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 Assians. It is mutually understoad and agreed that this <br /> Agreement will be binding upon the Parties and their respective successors. Neither this <br /> 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 cansent of City, which will not be unreasonably <br /> withheld. <br /> 24. Paraqraph Headinas. Paragraph headings as used herein are for convenience <br /> only and will not be deemed ta 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 between the parties <br /> relating to the subject matter of it. In case of conflict, the terms of the Agreement <br /> supersede the purchase �rder and any other attachment or exhibit. Neither this <br /> Agreement nor any of its provisians may be amended, modi�ed, waived ar discharged <br /> except in a writing signed by both parties. <br /> REV:03-30-15 RL <br /> Page 7 of 8 <br /> ATTYJAGR.2015.059IQuint&Thimmig -Water Revenue Refunding Bonds 2015 <br />
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