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6.1.1. - Page 12
<br /> with the City Clerk those schedules specified by City and contained in the Statement of
<br /> Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents,
<br /> employees, subcontractors and consultants warrants that by execution of this Agreement, that
<br /> they have no interest, present or contemplated, in the projects affected by this Agreement.
<br /> Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
<br /> subcontractors and consultants have any ancillary real property, business interests or income that
<br /> will be affected by this Agreement, or, alternatively, that Contractor will file with the City an
<br /> affidavit disclosing this interest.
<br /> 21. Covenants Against Contingent Fees. Contractor warrants that Contractor has
<br /> not employed or retained any company or person, other than a bona fide employee working for
<br /> Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay
<br /> any company or person, other than a bona fide employee, any fee, commission, percentage,
<br /> brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or
<br /> making of this Agreement. For breach or violation of this warranty, City will have the right to
<br /> annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price
<br /> or consideration, or otherwise recover, the full amount of the fee, commission, percentage,
<br /> brokerage fees, gift, or contingent fee.
<br /> 22. False Claims. Contractor acknowledges that if a false claim is submitted to City
<br /> by Contractor, it may be considered fraud and Contractor may be subject to criminal prosecution.
<br /> Contractor acknowledges that California Government Code sections 12650 et seq., the False
<br /> Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly
<br /> submits a false claim to a public entity. These provisions include false claims made with
<br /> deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
<br /> information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
<br /> recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
<br /> false claim may subject Contractor to an administrative debarment proceeding as the result of
<br /> which Contractor may be prevented to act as a Contractor on any public work or improvement
<br /> for a period of up to five (5) years. Contractor acknowledges disbarment by another jurisdiction
<br /> is grounds for City to terminate this Agreement.
<br /> 23. WARRANTY DISCLAIMER. OTHER THAN THE WARRANTY AND
<br /> SUPPORT SERVICES PROVIDED FOR IN THIS AGREEMENT (INCLUDING EXHIBIT A),
<br /> THE SOFTWARE AND SERVICES ARE BEING PROVIDED "AS IS" WITHOUT ANY
<br /> WARRANTIES OF ANY KIND. CONTRACTOR DOES NOT WARRANT THAT THE
<br /> SOFTWARE OR THE SERVICES WILL MEET CITY'S REQUIREMENTS OR THAT THE
<br /> OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, ERROR
<br /> FREE, OR NOT RESULT IN THE LOSS OR CORRUPTION OF DATA. CONTRACTOR
<br /> DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
<br /> INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
<br /> FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
<br /> 24. LIMITATION OF LIABILITY. OTHER THAN BREACHES OF THE
<br /> CONFIDENTIALITY PROVISIONS OR INTELLECTUAL PROPERTY PROVISIONS
<br /> HEREIN, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR
<br /> ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR
<br /> ATTY/AGR/2016.082/VIMOC TECHNOLOGIES INC.
<br /> REV:04-21-16 JS
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