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<br />22. Claims And Lawsuits. By signing this Agreement, Contractor agrees that any <br />Agreement claim submitted to City must be asserted as part of the Agreement process as set <br />forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. <br />Contractor acknowledges that if a false claim is submitted to City by Contractor, it may be <br />considered fraud and Contractor may be subject to criminal prosecution. Contractor <br />acknowledges that California Government Code sections 12650 et seq., the False Claims Act <br />applies to this Agreement and, provides for civil penalties where a person knowingly submits a <br />false claim to a public entity. These provisions include false claims made with deliberate <br />ignorance of the false information or in reckless disregard of the truth or falsity of information. <br />If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its <br />litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false <br />claim may subject Contractor to an administrative debarment proceeding as the result of <br />which Contractor may be prevented to act as a Contractor on any public work or improvement <br />for a period of up to five (5) years. Contractor 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 Parties <br />for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a <br />court of competent jurisdiction in the County of San Mateo, State of California, and the Parties <br />waive all provisions of law providing for a change of venue in these proceedings to any other <br />cou nty. <br /> <br />24. Successors and Assians. 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 <br />without the prior consent of City, which will not be unreasonably withheld. <br /> <br />25. Paraaraoh Headinas. Paragraph headings as used herein are for convenience only <br />and will not be deemed to be a part of such paragraphs and will not be construed to change <br />the meaning thereof. <br /> <br />26. Entire Aqreement. This Agreement, together with any other written document referred <br />to 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 of 13 <br />