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6.1 B Page 9 Either Party upon tendering thi�ty �30} days writ�en notice to the other party may terminate this Agreement. In this event and upon request o€ City, Consultant v+rill assemble the w�rk product wifihout charge and put ft in order for praper filing and cfosing and defiver it to City. �onsultant will be paid for work performed ta the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City wi�l make the �na[ determination as �o the portions of tasks comp�eted and the compensation to be made. 21. Covenants Aqainst Continqent Fees. Consuitant warrants that Consultant has not employed or retained any company or person, other than a bona fide empioyee working far Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other considera�ion contingent upon, or resulting from, the award or making of this Ag�eement. For breach or violation of this warranty, City will have the right to annu! this Agreement without liabiliiy, or, in its discretion, fo deduct from the Agreement price or consideration, or otherwise reco�er, " the tull amount of the fiee, commission, percenfiage, brokerage fees, gift, or contingent f�e. �2. Claims And Lawsuits. By signing this Agreement, Consultanf agrees that any Agreement claim submitted #o City must be asserted as part of #he Agreement process as set �Forth in this Agreement and no# in anticipation of iitigation or in conjunction with fitigation. Cansultant acknowledges thaf if a �alse c[aim is submitted to City by Consultant, it may be considered fraud and Consulfiant may be subject #o crimina! prosecution. Consultant acknowledges that California Government Code secfiions 1265� et seq., the False Claims Act appiies to this Agreement and, provides for civil pena[ties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberafe ignorance of #he false inforrnation or in reckless disregard of the trufih or falsity of inforrnation. If City seeks to reco�er penalt�es pursuant to the False Claims Act, it is entitled to recover its I�tigation costs, including attorney's fees. Consultant acknowledges that the fi�ing of a false c(aim may subject Consu�tant to an admin�strative debarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any pub[ic work or improvement for a period of up �o five t5} years. Consultant acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. Jurisdicfiion and Venue. Any action afi �aw or in equity brought �y either of the Parties for the purpose of enforcing a right or r�ghts pro�ided for by fihis Agreernent will be tried in a cou�t of competent jurisdiction in the County of San Mateo, Sta#e of Ca�iforn�a, and fihe Parties wai�e all pro�isions of law providing for a change of �enue in these proceedings �o any other county. 24. Successors and AssiQns. lfi is mutual�y understood and agreed that this Agreement will be binding upon the Parties and their respecti�e successors. Neither this Agreernent nor any part of it nor any monies due or to become due under ifi may be assigned by Consul�an#without the prior consent of Ci#y, which wili not be unreasonably ATTY/AG R/2049.036 '7 0730�9