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- �rrr��riai payment based upon the value of the work product del(vered to City and the percentage of the services perfarmed. 21. Covenanffi a�ainst Con�n�ent Fees. Consultant warrants that Consultant has not employed or retafned any c�mpany or person, other than a bone fide employee working for Consultant, to solicit ar secure this Agreement, and that Conaultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commissi�, percentage, brokera9e fee, gift� or any other cansideratlon c�ndngent upon, or resul�ng fram, the award or making af this Agreement For breach or violation of thia waRanty, City will have the right to annuf this f�reement without liabllity� or, in its discretion, to deduct from the Agreement prioe or consideratlon, or othervvise recover, the full amount of the tee, commission, percentage, brokerage fees, gift, or con�ngent fee. 22. Claims and L�wsuita. Consultant acknaNledges that if a false daim is submitted ta City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecx.ition. Consultant adcnowledges that Califomia Govemment Code sec�ons 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil pena�ies where a person knowingly submits a false claim to a public enbty. These provisions include false da�ms made with deliberate ignorance of �e false ir�fonna�on or in reckless disregard of the truth or falsity of iMorma�on. If City seeka to recover penalties pursuant to the False Ciaims Act� it is entided to recover i� I'�igation costs, induding attomey`s fees. Cansultant adcnow�dges that the flling of a false claim may subject Consultant to an administrativve debarment proceeding as the result of whlch Consultant may be prevented to act as a Consuttarrt on any public wo�lc or improvement for a period of up to five (5) years. Consultant acknowledges disbarment by another jurisdicfion is grounds for City to terminate this Agreement. 23. Jurisdicction and Uenue. My action at law or in equity brought by either of th� Parties for the purpoae of eMorcing a right or rights provided for by this Agreement wtll be tried in a court of compebent jurisdiation in the County of San Mateo, State of Califomia, and the Parties waive all provisions of law providing for a change of venue in these proc�edings to any other county. 24. Successors and Assians. It is mutually undarsbood and agreed that this Agreen�ent will be binding upon the Parti�s and their respecbve succxssors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be aasigned by Consultant without th� prior consent af City, which will not be unreasonably withheld. 25. Parearaoh Headinas. Paragraph headings as used herein are for convenience only and wiil not be deemed to be a part of such paregraphs and will not be construed to change the meaning thereof. ATiY/AGR/2016.197/KOfF&ASSOdATES C1J155&COMP STUDY�fCIAUST REV:08-30�16111 Paae 7 of 10