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20. Termination. In the event of the Consultant's failure to prosecute, deliver, or <br /> perform the Services, City may terminate this Agreement for nonperformance by <br /> notifying Consultant in writing pursuant to the notice provisions of this Agreement. If <br /> City decides to abandon or indefinitely postpone the work or services contemplated by <br /> this Agreement, City may terminate this Agreement upon written notice to Consultant <br /> pursuant to the notice provisions of this Agreement. Termination will be effective <br /> immediately upon notification. Consultant has five (5) business days to deliver any <br /> documents owned by City and all work in progress to City address contained in this <br /> Agreement. City will make a determination of fact based upon the work product <br /> delivered to City and of the percentage of work that Consultant has performed which is <br /> usable and of worth to City in having the Agreement completed. Based upon that <br /> finding City will determine the final payment of the Agreement. <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 /> 21. Covenants Against Contingent 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 /> 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 /> Agreement over$10K 7 <br /> City Attorney Approved Version 111803 <br />