AgdaPkt 2017-07-24 Closed and Joint SA FPA

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6.1.G. - Page 12 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. 20. False Claims. Contractor acknowledges that if a false claim is submitted to City by Contractor, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor 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. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges disbarment by another jurisdiction is grounds for City to terminate this Agreement. 21. General Provisions. 21.1 Assiqnment and Successors. Contractor may not assign its rights or obligations under this Agreement, in part or in whole, without City's written consent. This Agreement is binding on Contractor's successors and permitted assigns. 21.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Agreement. 21.3 Governing Law and Venue. This Agreement will be governed by California law and venue will be in the Superior Court of the county in which the Project is located, and no other place. 21.4 Amendment. No amendment or modification of this Agreement will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. The City Manager of the City is authorized to sign amendments on behalf of the City. 21.5 Integration; Severabilitv. This Agreement, together with any other written document referred to or contemplated by it (collectively, the "Contract Documents"), embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede any attachment or exhibit. If any provision of the Contract Documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract Documents will remain in full force and effect. 21.6 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Agreement is ATTY/AGR/2017.157/CODA TECHNOLOGY GROUP REV: 07-07-17 JS Page 9 of 10