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22. Claims And Lawsuits. By signing this Agreement, Consultant agrees that any <br />Agreement claim submitted to City/Agency 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 litigation. <br />Consultant acknowledges that if a false claim is submitted to City/Agency by Consultant, it may <br />be considered fraud and Consultant may be subject to criminal prosecution. Consultant <br />acknowledges that California Government Code sections 12650 et seq., the False Claims Act <br />applies to this Agreement and, provides for civil penalties where a person knowingly submits a <br />false claim to a public entity. These provisions include false claims made with deliberate <br />ignorance of the false information or in reckless disregard of the truth or falsity of information. If <br />City/Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover <br />its litigation costs, including attorney's fees. Consultant acknowledges that the filing of a false <br />claim may 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 for a <br />period of up to five (5) years. Consultant acknowledges debarment by another jurisdiction is <br />grounds for City/Agency to terminate this Agreement. <br />23. Jurisdiction and Venue. Any action at law or in equity brought by either of the Parties for <br />the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of <br />competent jurisdiction in the County of San Mateo, State of California, and the Parties waive all <br />provisions of law providing for a change of venue in these proceedings to any other county. <br />24. Successors and Assigns. It is mutually understood and agreed that this Agreement will <br />be binding upon the Parties and their respective successors. Neither this Agreement nor any <br />part of it nor any monies due or to become due under it may be assigned by Consultant without <br />the prior consent of City/Agency, which will not be unreasonably withheld. <br />25. Paragraph Headings. Paragraph headings as used herein are for convenience only and <br />will not be deemed to be a part of such paragraphs and will not be construed to change the <br />meaning thereof. <br />26. Entire Agreement. This Agreement, together with any other written document referred to <br />or contemplated by it, along with the purchase order for this Agreement and its provisions, <br />embody the entire Agreement and understanding between the parties relating to the subject <br />matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. <br />Neither this Agreement nor any of its provisions may be amended, modified, waived or <br />discharged except in a writing signed by both parties. <br />27. Authori .The individuals executing this Agreement and the instruments referenced in it <br />on behalf of Consultant each represent and warrant that they have the legal power, right and <br />actual authority to bind Consultant to the terms and conditions of this Agreement. <br />// <br />// <br />// <br />// <br />Agreement over $10K 7 <br />City Attorney Approved Version 111803 <br />s/library/agreements/Consultant/Consultant_CTS_Material Testing & Inspection_RWS Community Library <br />