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<br />percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, <br />the award or making of this Agreement. For breach or violation of this warranty, City will have <br />the right to 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 fee, commission, <br />percentage, brokerage fees, gift, or contingent fee. <br /> <br />22. Claims And Lawsuits. By signing this Agreement, Contractor agrees that any Agreement <br />claim submitted to City must be asserted as part of the Agreement process as set forth in this <br />Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor <br />acknowledges that if a false claim is submitted to City by Contractor, it may be considered fraud <br />and Contractor may be subject to criminal prosecution. Contractor acknowledges that <br />California Government Code sections 12650 et seq., the False Claims Act applies to this <br />Agreement and, provides for civil penalties where a person knowingly submits a false claim to a <br />public entity. These provisions include false claims made with deliberate ignorance ofthe false <br />information 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, including <br />attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor <br />to an administrative debarment proceeding as the result of which Contractor may be prevented <br />to act as a Contractor on any public work or improvement for a period of up to five (5) years. <br />Contractor 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 ofthe Parties for <br />the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court <br />of competent jurisdiction in the County of San Mateo, State of California, and the Parties waive <br />all provisions of law providing for a change of venue in these proceedings to any other county. <br /> <br />24. Successors and Assions. 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 Contractor without <br />the prior consent of City, which will not be unreasonably withheld. <br /> <br />25. Paraoraph Headinos. 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 /> <br />26. Entire Aoreement. 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 /> <br />A TTY / AGR/2008.046 <br />062708 <br /> <br />7 <br />