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<br />20. Termination. In the event of the Consultant's failure to prosecute, deliver, <br />or perform the Services, City may terminate this Agreement for nonperformance <br />by notifying Consultant in writing pursuant to the notice provisions of this <br />Agreement. If City decides to abandon or indefinitely postpone the work or <br />services contemplated by this Agreement, City may terminate this Agreement <br />upon written notice to Consultant pursuant to the notice provisions of this <br />Agreement. Termination will be effective immediately upon notification. <br />Consultant has five (5) business days to deliver any documents owned by City <br />and all work in progress to City address contained in this Agreement. City will <br />make a determination of fact based upon the work product delivered to City and <br />of the percentage of work that Consultant has performed which is usable and of <br />worth to City in having the Agreement completed. Based upon that finding City <br />will determine the final payment of the Agreement. <br /> <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 <br />under this Agreement. City will make the final determination as to the portions of <br />tasks completed and the compensation to be made. <br /> <br />21. Covenants Aqainst Continqent Fees. Consultant warrants that Consultant <br />has not employed or retained any company or person, other than a bona fide <br />employee working for Consultant, to solicit or secure this Agreement, and that <br />Consultant has not paid or agreed to pay any company or person, other than a <br />bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any <br />other consideration contingent upon, or resulting from, the award or making of <br />this Agreement. For breach or violation of this warranty, City will have the right to <br />annul this Agreement without liability, or, in its discretion, to deduct from the <br />Agreement price or consideration, or otherwise recover, the full amount of the <br />fee, commission, percentage, brokerage fees, gift, or contingent fee. <br /> <br />22. Claims And Lawsuits. By signing this Agreement, Consultant agrees that <br />any Agreement claim submitted to City must be asserted as part of the <br />Agreement process as set forth in this Agreement and not in anticipation of <br />litigation or in conjunction with litigation. Consultant acknowledges that if a false <br />claim is submitted to City by Consultant, it may be considered fraud and <br />Consultant may be subject to criminal prosecution. Consultant acknowledges <br />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 <br />knowingly submits a false claim to a public entity. These provisions include false <br />claims made with deliberate ignorance of the false information or in reckless <br />disregard of the truth or falsity of information. If City seeks to recover penalties <br />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 <br /> <br />Agreement over $10K 8 <br />City Attorney Approved Version 111803 <br />