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. <br /> y . • , . <br /> fee, commission, percentac,�►, brokerac�e fee, g�ft, or any other consideratinn contingent <br /> upon, or resu!#ing from, the award or making of this Agreement. For breach or wiola�on <br /> of this warranty, City will have the right to anr�ul this Agresment without liabiti#y, or, in its <br /> discretion, to deduct from the Agreement price or consideratian, ar otherwise recover, <br /> the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent <br /> fee. <br /> 22. Claims and Lawsuits. Cansultant acknawledges that if a false ciaim is submitted <br /> to City by Consultant, it may be aansidered #raud and Gonsultant may be subjec# ta <br /> cryminal prosecutian. �onsultan# acknowl�edges that Galifornia Govemment Code <br /> sec#ions 12fi50 ef seq., the F�Ise Claims Ac# applies to this Agreement and, provides <br /> fc�r ci�ril penalties where a person know�ngly submits a faise claim ta a public entity. <br /> These-.p�ovisions include faise claims made with defibera#e ignorance of the faise <br /> informatian or in reckless disregard ofi the truth or falsity of information. If City seeks to <br /> recover penalties pursuant to the Fafise Ciaims Act, it is entitled to recover i�ts litigation <br /> costs, inclwding a##amey's fees. Consultant acknowledges that the fiting c�f a false claim <br /> may subject Consuitant to an administrative debarment proceeding as the result of <br /> which Consultant may be prevented to act as a Consultant an any pub(ic wark or <br /> improvement fvr a period of up to�ve (5} years. Consuitant acknow4edges disbarment <br /> by another jurisdiction is grounds for�Cit�r to terminate this Agreement. <br /> 23. Jur�sciictian and Venue. Any action at law or in equity brought b�r either of the <br /> Parties for the purpose of enfcarcing a right or rights provided for by tttiis Agr�ement will <br /> be tried in a +caurt of compe#ent jurisdict`ron in the County of San Mateo, Sta#e af <br /> California, and the Parties waive all provisions of 1aw providing for a change of venue in <br /> these proceedings to any other caunty. <br /> 24. Suc.�essors and Ass�qns. It is mu#ually understood and agreed #hat this <br /> Agreement wiii 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 pr�or cansent of Gity, which wili nat be unreasonabty <br /> withheid. <br /> 25. Parauraah Headin+�s. Pacagraph headings as ussd herein are fc>r aonvenience <br /> only and wil! not be deemed to be a part af such paragraphs and wiil not be construed <br /> to change the meaning thereof. <br /> 26. Entire t�preornent. This Agreement, together wi#h any other written document <br /> referred to or contemplated by it, along with the purchase order for this Agreement and <br /> i#s provisions, embody the entire Agreement and understanding between the parties <br /> relating to #he sub�ect matter of it. In case of conflic#, the terms of the Agreement <br /> supersede the purchase order and any other atta�hment or exhibit. Nei#h+er #his <br /> Agreemer�t nar any of its provisions may be amended, modified, waived vr disd�arged <br /> except in a writing signed by bc�th parties. <br /> RfV:Q8-04-15 MlG <br /> Page 7 of 10 <br /> ATTYIAGR,Zq15.155iThe San�ranasca Shakespeare Fcstivat <br />