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paid for work performed up to the termination date; however, the tatai wi11 not exceed the lump sum fee payable under this Agreement City will make a determination of fina! payment based upan the value of the work product delivered to City and the percentage of the services perfaRned. 21, Covenants against Gontinaent Fees. Consultant warrants that Consul#ant has not employed Qr retained any company or person, other #han a bana ftde emplay�e work�ng for Consultant, ta svlicit or secure this Agreement, and that Cansultant has no� paid or agr�d to pay a�y campany or person, other than a bona fide emplayee, any fee, cammission, percentage, broksrage fee, gift, or any other consideration a�r�tingent upon, or resulting from, the award or rnaking of this Agreement. Far breach or uiolatian of this warranty, City wil! have the ri�ht to annul this Agreerr+ent without liabili#y, or, in its discretion, to deduct from the Agreement price or consid�ration, or otherwise recover, #he fuil amounf af the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. Claims and Lawsuits. Consultant acknowledges that if a faise claim is submitted ta City by Consultanf, it may be considered fraud and Consultant may be subject to criminal prosecution, Consultant acknowledges that Galifomia Government Code sections 12G50 ef seq., the False Glaims Act applies to this Agreement and, provides far civi! penalties where a person knowingly submits a false ciaim to a publ�c entity. These pravisions include fatse claims made with deliberate ignorance of the false informatian or in reckless disregard of the truth ar falsity of ir�formation. If City seeks to recover penaities pursuant to the False Glaims Act, it is entit�ed fo recaver its iitigation costs, inciuding attomey's fees. Consuttant acknowledges tha#the filing of a false ctaim may subject Cansu(tant to an administrative debarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work ar imRravement for a period of up to five (5j years. Consuttant acknowledges disbarment by another jurisdiction is grounds for City ta terminate this Agreement. 23. Jurisdiction and Venue. Any action at law or in equity brought by either of the Parties for the purpt�se of enfarcing a right or r�ghts provided for by this Agreement will be tried in a court of competent jurisdiction fn the County of San Ma#ea, Sta�te of Califarnia, and the Parties uvaive ail provisions of law providing for a change of venue in these proceedings to any other caunty. 24. Successors and Assigns. !t is mutually understo�d and agreed that this Agreement will be binding upon the Parties and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Consultant without#he prior consent of City, which wiU not be unreasonably withheld. 25. Paraqraph H�adings. Paragraph headings as used herein are for canvenience only and will not be deemed to be a part af such paragraphs antt witi nat be construed to change the meaning thereaf. Page?af 10 REV:07-21-15 MLG AT7Y/AGR.2015.144fAmerica SCORES, Bay Area