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<br />(d) <br /> <br />Providing that Consultant's insurance coverage shall be primary <br /> <br />insurance with respect to City, its Council, officers, boards, <br /> <br />commissions, employees, and agents, and any insurance or self- <br /> <br />insurance maintained by City for itself, its Council, officers, boards, <br /> <br />commissions, employees, or agents shall be in excess of <br /> <br />Consultant's insurance and not contributory with it. <br /> <br />13. <br /> <br />COVENANT AGAINST CONTINGENT FEES. Consultant hereby <br /> <br />warrants that Consultant has not employed or retained any company or person, <br /> <br />other than a bona fide employee working for Consultant, to solicit or secure this <br /> <br />Agreement, and Consultant has not paid or agreed to pay any company or <br /> <br />person, other than a bona fide employee, any fee, commission, percentage, <br /> <br />brokerage fee, gift, or any other consideration contingent upon or resulting from <br /> <br />the award or formation of this Agreement. <br /> <br />For breach or violation of this <br /> <br />warranty, City shall have the right to annul this Agreement without liability, or at <br /> <br />City's discretion, to deduct from the Agreement price or consideration, or <br /> <br />otherwise recover, the full amount of such fee, commission, percentage, <br /> <br />brokerage fee, gift or contingent fee. <br /> <br />14. NOTICES. Written notices required or convenient hereunder shall be <br /> <br />delivered personally or by depositing the same with the United States Postal <br /> <br />Service, first class (or equivalent) postage prepaid and addressed, in the case of <br /> <br />Consultant to: <br /> <br />DKS Associates <br />333 West Santa Clara St., Suite 900 <br />San Jose, CA 95113 <br /> <br />Agmt-281 <br />F :/S h a red/Redwood/Cou n ei I <br />FSX:djk <br />07115/99 <br /> <br />8 <br /> <br />"..-..,-.. '-'.-T" <br />