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20 . Termination . In the event of the Consultant's failure to prosecute, deliver, or <br /> perform the Services, City may terminate this Agreement for nonperformance by notifying <br /> Consultant in writing pursuant to the notice provisions of this Agreement. <br /> If City decides to abandon or postpone the work or services contemplated by this <br /> Agreement, City may terminate this Agreement upon written notice to Consultant <br /> pursuant to the notice provisions of this Agreement. Termination will be effective <br /> immediately upon notification . <br /> Either Party upon tendering thirty (30) days written notice to the other party may terminate <br /> this Agreement. <br /> Within 10 days of termination Consultant will assemble the work product without charge <br /> and put it in order for proper filing and closing and deliver it to City. Consultant will be <br /> paid for work performed up to the termination date; however, the total will not exceed the <br /> lump sum fee payable under this Agreement. City will make a determination of final <br /> payment based upon the value of the work product delivered to City and the percentage <br /> of the services performed . <br /> 21 . Covenants against Contingent Fees. Consultant warrants that Consultant has not <br /> employed or retained any company or person , other than a bona fide employee working <br /> for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or <br /> agreed to pay any company or person , other than a bona fide employee, any fee , <br /> commission , percentage, brokerage fee, gift, or any other consideration contingent upon , <br /> or resulting from , the award or making of this Agreement. For breach or violation of this <br /> warranty, City will 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, the <br /> full amount of the fee , commission , percentage , brokerage fees , gift, or contingent fee. <br /> 22 . Claims and Lawsuits . Consultant acknowledges that if a false claim is submitted <br /> to City by Consultant, it may be considered fraud and Consultant may be subject to <br /> criminal prosecution . Consultant acknowledges that California Government Code <br /> sections 12650 et seq. , the False Claims Act applies to this Agreement and , provides for <br /> civil penalties where a person knowingly submits a false claim to a public entity. These <br /> provisions include false claims made with deliberate ignorance of the false information or <br /> in reckless disregard of the truth or falsity of information . If City seeks to recover penalties <br /> pursuant to the False Claims Act, it is entitled to recover its litigation costs, including <br /> attorney's fees. Consultant acknowledges that the filing of a false claim may subject <br /> Consultant to an administrative debarment proceeding as the result of which Consultant <br /> may be prevented to act as a Consultant on any public work or improvement for a period <br /> of up to five (5) years. Consultant acknowledges disbarment by another jurisdiction is <br /> grounds for City to terminate this Agreement. <br /> 23 . 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 competent jurisdiction in the County of San Mateo, State of California, <br /> and the Parties waive all provisions of law providing for a change of venue in these <br /> proceedings to any other county. <br /> ATTY/AGR/2016.062/BARTLE WELLS ASSOCIATES <br /> REV: 03-28-16 FF <br /> Page 7 of 12 <br />