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<br />Either Party upon tendering thirty (30) days written notice to the other party may <br />terminate this Agreement. In this event and upon request of City, Consultant will <br />assemble the work product without charge and put it in order for proper filing and <br />closing and deliver it to City. Consultant will be paid for work performed to the <br />termination date; however, the total will not exceed the lump sum fee payable under this <br />Agreement. City will make the final determination as to the portions of tasks completed <br />and the compensation to be made. <br /> <br />21. Covenants Aqainst Continqent Fees. Consultant warrants that Consultant has <br />not employed or retained any company or person, other than a bona fide employee <br />working for Consultant, to solicit or secure this Agreement, and that Consultant has not <br />paid or agreed to pay any company or person, other than a bona fide employee, any <br />fee, commission, percentage, brokerage fee, gift, or any other consideration contingent <br />upon, or resulting from, the award or making of this Agreement. For breach or violation <br />of this warranty, City will have the right to annul this Agreement without liability, or, in its <br />discretion, to deduct from the Agreement price or consideration, or otherwise recover, <br />the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent <br />fee. <br /> <br />22. Claims And Lawsuits. By signing this Agreement, Consultant agrees that any <br />Agreement claim submitted to City must be asserted as part of the Agreement process <br />as set forth in this Agreement and not in anticipation of litigation or in conjunction with <br />litigation. Consultant acknowledges that if a false claim is submitted to City by <br />Consultant, it may be considered fraud and Consultant may be subject to criminal <br />prosecution. Consultant acknowledges that California Government Code sections <br />12650 et seq., the False Claims Act applies to this Agreement and, provides for civil <br />penalties where a person knowingly submits a false claim to a public entity. These <br />provisions include false claims made with deliberate ignorance of the false information <br />or in reckless disregard of the truth or falsity of information. If City seeks to recover <br />penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, <br />including attorney's fees. Consultant acknowledges that the filing of a false claim may <br />subject Consultant to an administrative debarment proceeding as the result of which <br />Consultant may be prevented to act as a Consultant on any public work or improvement <br />for a period of up to five (5) years. Consultant acknowledges debarment by another <br />jurisdiction is grounds for City to terminate this Agreement. <br /> <br />23. Jurisdiction and Venue. Any action at law or in equity brought by either of the <br />Parties for the purpose of enforcing a right or rights provided for by this Agreement will <br />be tried in a court of competent jurisdiction in the County of San Mateo, State of <br />California, and the Parties waive all provisions of law providing for a change of venue in <br />these proceedings to any other county. <br /> <br />24. Successors and Assiqns. It is mutually understood and agreed that this <br />Agreement will be binding upon the Parties and their respective successors. Neither <br />this Agreement nor any part of it nor any monies due or to become due under it may be <br />assigned by Consultant without the prior consent of City, which will not be unreasonably <br /> <br />Agreement over $1 OK <br />City Attorney Approved Version 111803 <br /> <br />7 <br />