Agmt04 MBIA Muniservices - Laserfiche WebLink

Browse Search

submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrative debarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (5) years. Consultant acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. Jurisdiction and Venue. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Mateo, State of California,and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. Successors and Assiqns. It is mutually understood 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 the prior consent of City, which will not be unreasonably withheld. 25. Force Maieure. Neither Party shall be liable for failing to perform its obligations hereunder where delayed or hindered by war, riots, embargoes, strikes (other than those by Consultant's employees), acts of its vendors or suppliers, accidents, acts of God, or any other event beyond its reasonable control. 26. Severabilitv. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed as nearly as possible to reflect the original intent of the Parties and the remainder of the provisions shall remain in full force and effect. 27. Waiver. Either Party's failure to insist upon strict performance of any provision of this Agreement shall not be constructed as a waiver of that or any other of its rights hereunder at any later date or time. 28. Paraqraph Headinqs. Paragraph headings as used herein are for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning thereof. 29. Entire Aqreement. This Agreement, together with any other written document explicitly incorporated by reference, embodies the entire Agreement and understanding between the parties relating to the subject matter of it. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.