Agmt16 ABM Onsite Services - West, Inc. DBA ABM Parking Services

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modify, amplify, or aid in the interpretation or construction of any of the provisions thereof. C. Severability In the event any covenant, term or condition herein contained is held to be invalid by any court of competent jurisdiction , such invalidity shall not affect any other valid covenant, term or conditions herein contained . D . Time of Essence Time is of the essence to each provision of this Agreement, E . Authority The individuals executing this Agreement and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Agreement. F. Covenants against Contingent Fees Consultant warrants that Consultant has not employed or retained any company or person , other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person , other than a bona fide employee, any fee, commission , percentage , brokerage fee, gift, or any other consideration contingent upon , or resulting from , the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion , to deduct from the Agreement price or consideration , or otherwise recover, the full amount of the fee, commission , percentage , brokerage fees, gift, or contingent fee . G . Claims and Lawsuits Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution . Consultant acknowledges that California Government Code sections 12650 et seq. , the False Claims Act applies to this Agreement and , provides for civil penalties where a person knowingly 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. AI IY/2016.304/ABM ONSITE SERVICES — WEST, INC. REV: 10-26-16 JS Page 27 of 38