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6.1 E Page 31 Either Party upon tendering thirty (30) days written natice to the other party may terrninate this Agreement. In this event and upon request of City, Consultant wili assemble the work product without charge and put it in order for proper fifing and ciosing and deliver it to City. Consultant wiif be paid for work performed to fhe termination date; however, the fotal will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. Covenants Against Continqent Fees. Consultant warrants that Consuitant has nat employed or retained any company or person, other than a bana fide employee working far Consultant, to solicit or secure this Agreement, and that Consu{tant has not paid or agreed to pay any company or person, other than a bona fide empioyee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resuiting from, the award or making of this Agreement. For breach or violation of±his warranty, City wil! have the right to annul this Agreem�rt w�thout liability, or, i� its discretion, to deduct from the Agreement price or consideration, or otherwise recaver, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. Claims And Lawsuits. By signing this Agreement, Consultant agrees that any Agreement claim submitted to Ci#y must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Cansulfiant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civi{ pena(ties 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 Citv seeks to recover penalties pursuant to #he False Claims Act, it �s entitled to recover its litigatio� costs, including attorney's fees. Consultant acknowledges that the fiEing of a false claim may subject Consultant to an administrative debarmen# proceeding as t�e result of which ConsuEtant may be prevented to act as a Consultant on any public work or improvement for a period of up to five {5; years. Cons�ltant ackno�vledges debarmert by ancther jurisdiction is grounds#or City to terminate this Agreement. 23. Jurisdiction and Venue. Any action at Eaw or in equity brought by either of the Parties for the purpose af enforcing a right or rights provided for by this Agreement wilf be tried in a court of competent jurisdiction in the County of San Mateo, State of California, and the Parties waive all provisians af law providing for a change of venue in these proceedings to any other county. 24. Successors and Assigns. !t is mutually undersfood and agreed that this Agreement wifl be binding upon the Parties and their respective successors. Neither this Agreement nor any part of it nar any monies due or�o become due under it may be assigned by Consultant without the prior consent of City, which will nat be unreasonably ATTY/AGR/2Q07.00& 040307 7