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Agmt06 Pump Repair Service Company - Repair Services
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Agmt06 Pump Repair Service Company - Repair Services
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Last modified
11/6/2008 1:07:20 PM
Creation date
10/2/2008 2:46:00 PM
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Template:
Agreement
Contractor Name
Pump Repair
PROJECT NAME
Storm System Pumps and Pump Motor Repair Services
Date
11/16/2008
MO Ref
06-212
Box
6586 & 6593
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<br />Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, <br />provides for civil penalties where a person knowingly submits a false claim to a public entity. <br />These provisions include false claims made with deliberate ignorance of the false information or <br />in reckless 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, including attorney's <br />fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an <br />administrative debarment proceeding as the result of which Contractor may be prevented to act <br />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 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 /> <br />24. Successors and Assians. It is mutually understood and agreed that this Agreement will be <br />binding upon the Parties and their respective successors. Neither this Agreement nor any part of <br />it nor any monies due or to become due under it may be assigned by Contractor without the prior <br />consent of City, which will not be unreasonably withheld. <br /> <br />25. Paraqraph 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 /> <br />26. Entire Aareement. 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 />Agreement over $1 OK <br />City Attorney Approved Version 111803 <br /> <br />7 <br />
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