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<br />6.1C <br />Page 9 <br /> <br />20. Termination. Either party may terminate this Agreement without cause by giving <br />written notice thereof to the other party not less than thirty (30) days prior to the <br />effective date of termination, which date shall be included in said notice. In the event of <br />such termination, City shall compensate Consultant for services rendered to the date of <br />termination calculated in accordance with the provisions of Paragraph 2. In ascertaining <br />services actually rendered to the date of termination, consideration shalrbe given both <br />to completed work and work in process of completion. <br /> <br />Consultant has five (5) business days to deliver any documents owned by City and all <br />work in progress to City address contained in this Agreement. Upon request of City, <br />Consultant will assemble the work product without charge and put it in order for proper <br />filing and closing and deliver it to City. <br /> <br />21. Covenants Aaainst Contingent Fees. Consultant warrants that Consultant has <br />not employed or retained any company or person, other than a bona fide employee <br />working for Consultant to solicit or secure this Agreement, and that Consultant has not <br />paid or agreed to pay any company or person, other than a bona fide employee, any <br />fee, commission, percentage, brokerage fee, gift, or any other consideration contingent <br />upon, or resulting from, the award or making of this Agreement. For breach or violation <br />of this warranty, City will have the right to annul this Agreement without liability, or, in its <br />discretion, to deduct from the Agreement price or consideration, or otherwise recover, <br />the full amount of the fee, commission, percentage, brokerage fees, gift. or contingent <br />fee. <br /> <br />22. Claims And Lawsuits. By signing this Agreement, Consultant agrees that any <br />Agreement claim submitted to City 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 <br />litigation. Consultant acknowledges that if a false claim is submitted to City by <br />Consultant, it may be considered fraud and Consultant may be subject to criminal <br />prosecution. Consultant acknowledges that California Government Code sections <br />12650 et seq., the False Claims Act applies to this Agreement and, provides for civil <br />penalties where a person knowingly submits a false claim to a public entity. These <br />provisions include false claims made with deliberate ignorance of the false information <br />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, <br />including attorney's fees. Consultant acknowledges that the filing of a false claim may <br />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 <br />for a period of up to five (5) years. Consultant acknowledges debarment by another <br />jurisdiction is grounds for City to terminate this Agreement. <br /> <br />23. Jurisdiction and Venue. Any action at law or in equity brought by either of the <br />Parties for the purpose of enforcing a right or rights provided for by this Agreement wilt <br />be tried in a court of competent jurisdiction in the County of San Mateo, State of <br />California. <br /> <br />A TTY/AG Rl2009. 003 <br />012609 <br /> <br />7 <br />