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af final payment based upon the value of the work product delivered to City and the <br /> percentage of the services performed. <br /> 21. Covenants as�ainst Contin�nt Fees. Consultant warrants that Consuitant <br /> has not employed or netained any company or person, other than a bona fide employee <br /> working for Caisultant, to solicit or secure this Agreement, and that Cons,uitant has not <br /> paid or agreed to pay any company or person, other than a bona fide employee, any <br /> fee, c�ammission, percentage, brokerage fee, gift, or any other consideration oontingent <br /> upon, oF resulting from, the award or making of this Agreement. For breac�:or viola�on <br /> � of this warranty, City wiU have the right to annul this Agreement without liability, or, in its <br /> discretion, to deduct from the Agreement price or consideration, or otheniuise recover, <br /> the full amount of the fee, commission, perc�ntage, brokerage fees, gift, or con�ngent <br /> fee. <br /> 22. Claims and Lawsuits. Consultant acknowledges that if a faise chaim i� <br /> submitted to City by Consultant, it may be consideretl frautl and Consuitant may be <br /> subject to criminai prosecu�on. Consuitant adcr�wledges that Califomia Govemment <br /> Code sections 12650 ef s�eq:, the Faise Claims Act applies to this Agreement: and, <br /> provides for civil penalties where a person knowingly submits a false claim to a'public <br /> entlty. These provisions include false claims made with deliberate ignorance af the <br /> false information or in reckless disregarci aF the truth or falsity of infotmation. ff City <br /> seeks to recover pena�ies pursuant to the False C,laims Act, it is en�tled to rt�cover its <br /> Iitigation casts, induding attomey's fees. Consultant adcnowiedges that the flling of a <br /> false daim may subjecX Consultant to an administrative debarment proceed�ng as the <br /> result of which Consultant may be preverrtetl to act as a Consuitant on any pubiic work <br /> or improvement for a period of up to fivve (5) years. Consultant acknowledges <br /> disbamner�t by another jurisdiction is grounds forCity to terminate this Agreement. <br /> 23. Jurtsdic�ion and Uenue. Any action at taw or in equity brou�t by eiti�r of <br /> the Parties for ttie purpose of enforcing a right or rights provided for by this Agreement <br /> will be'tried in a oo�rt.of competent Jurisdiction in the Cainty of San Mateo, State:of <br /> Caiffomia, and the Partie,s waive all provisions of law providing for a change of venue in <br /> these proceedings to any other county. <br /> 24. Suc,cessors and Assigns. it is mutualiy understood and agreed that this <br /> Agreement will �e tiinding upon the Parties and their respective succ�ssors. Neiiher <br /> this Agreement nor any part of it nor any monies due or to become due under it may be <br /> assigned by Consuitant without the prior consent of City, which wili not be unreasonably <br /> withheid. <br /> 25. Paragr�Qh Headings. Paragraph headings as used herein are for <br /> convenience onfy and will not tie deemed to be a part of such paragraphs and will not <br /> be construed to change the meaning thereof. <br /> Page 7 of 11 <br /> REV:07-15-16 RL <br /> ATTY/AGR.2016.190tAbili6es United <br />