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<br />21. Covenants Aaainst Continaent Fees. District warrants that District has not <br />employed or retained any company or person, other than a bona fide employee working <br />for District, to solicit or secure this Agreement, and that District has not paid or agreed <br />to pay any company or person, other than a bona fide employee, any fee, commission, <br />percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting <br />from, the award or making of this Agreement. For breach or violation of this warranty, <br />City will have the right to annul this Agreement without liability, or, in its discretion, to <br />deduct from the Agreement price or consideration, or otherwise recover, the full amount <br />of the fee, commission, percentage, brokerage fees, gift, or contingent fee. <br /> <br />22. Claims And Lawsuits. By signing this Agreement, District 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. District acknowledges that if a false claim is submitted to City by District, it <br />may be considered fraud and District may be subject to criminal prosecution. District <br />acknowledges that California Government Code sections 12650 et seq., the False <br />Claims Act applies to this Agreement and, provides for civil penalties where a person <br />knowingly submits a false claim to a public entity. These provisions include false claims <br />made with deliberate ignorance of the false information or in reckless disregard of the <br />truth or falsity of information. If City seeks to recover penalties pursuant to the False <br />Claims Act, it is entitled to recover its litigation costs, including attorney's fees. District <br />acknowledges that the filing of a false claim may subject District to an administrative <br />debarment proceeding as the result of which District may be prevented to act as a <br />District on any public work or improvement for a period of up to five (5) years. District <br />acknowledges debarment by another jurisdiction is grounds for City to terminate this <br />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 Assians. 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 District without the prior consent of City, which will not be unreasonably <br />withheld. <br /> <br />25. Paraaraph Headinas. Paragraph headings as used herein are for convenience <br />only and will not be deemed to be a part of such paragraphs and will not be construed <br />to change the meaning thereof. <br /> <br />26. Entire Aqreement. This Agreement, together with any other written document <br />referred to or contemplated by it, along with the purchase order for this Agreement and <br /> <br />7 <br />