Agmt23 Pyro Spectaculars North, Inc.

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REV 3-27-2023 RL scheduled date, which may cause the cancellation of any event for which City has purchased the Services, or which may affect or damage such portion of the exhibits as much be placed and exposed a necessary time before the Services. If, for any such reason, Consultant is not reasonably able to safely discharge the Services on the scheduled date, or at the scheduled time, or should any event for which City may cancel the Services and pay Consultant such sums as provided in Section 22, based upon when the Services is canceled. 22. Termination. In the event of the Consultant’s failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Consultant in writing pursuant to the notice provisions of this Agreement. In the event of Consultant’s failure to prosecute, deliver or perform the Services, no payment shall be due to Consultant. City shall have the option to unilaterally cancel the Services prior to the scheduled date. If City exercises this option, City agrees to pay Consultant, as liquidated damages, the following percentages of the fee set forth in Paragraph 6, Compensation: 1) 25% of the balance owed after City’s initial half payment of Fifty-One Thousand Dollars ($51,000) upon City’s execution of this Agreement if cancellation occurs 30 to 90 days prior to the scheduled date for performance of the Services. 2) 50% of the balanced owed after City’s payment of Fifty-One Thousand Dollars ($51,000) upon City’s execution of this Agreement if cancellation occurs 15 to 29 days prior to the scheduled date for performance of the Services. 3)100% of the balance owed after City’s payment of Fifty-One Thousand Dollars ($51,000) upon City’s execution of this Agreement if cancellation occurs 14 days or less prior to the scheduled date for performance of the Services. 23. Covenants against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for 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 consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 24. Claims and Lawsuits. Consultant acknowledges that if a false claim is submitted to City by Consultant, Consultant may be subject to criminal prosecution for fraud. Consultant also acknowledges that California Government Code sections 12650 et seq. (the False Claims Act), as amended, applies to this Agreement and provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or ATTY/AGR.2023.063/Pyro Spectaculars North, Inc. (4th of July Fireworks Show 2023) (Page 7 of 11)