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<br />employee working for Consultant, to solicit or secure this Agreement, and that <br />Consultant has not paid or agreed to pay any company or person, other than a <br />bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any <br />other consideration contingent upon, or resulting from, the award or making of <br />this Agreement. For breach or violation of this warranty, City will have the right to <br />annul this Agreement without liability, or, in its discretion, to deduct from the <br />Agreement price or consideration, or otherwise recover, the full amount of the <br />fee, commission, percentage, brokerage fees, gift, or contingent fee. <br /> <br />22. Claims And Lawsuits. By signing this Agreement, Consultant agrees that <br />any Agreement claim submitted to City must be asserted as part of the <br />Agreement process as set forth in this Agreement and not in anticipation of <br />litigation or in conjunction with litigation. Consultant acknowledges that if a false <br />claim is submitted to City by Consultant, it may be considered fraud and <br />Consultant may be subject to criminal prosecution. Consultant acknowledges <br />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 <br />knowingly submits a false claim to a public entity. These provisions include false <br />claims made with deliberate ignorance of the false information or in reckless <br />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, <br />including attorney's fees. Consultant acknowledges that the filing of a false claim <br />may subject Consultant to an administrative debarment proceeding as the result <br />of which Consultant may be prevented to act as a Consultant on any public work <br />or improvement for a period of up to five (5) years. Consultant acknowledges <br />debarment by another 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 <br />the Parties for the purpose of enforcing a right or rights provided for by this <br />Agreement will be tried in a court of competent jurisdiction in the County of San <br />Mateo, State of California, and the Parties waive all provisions of law providing <br />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 <br />Agreement will be binding upon the Parties and their respective successors. <br />Neither this Agreement nor any part of it nor any monies due or to become due <br />under it may be assigned by Consultant without the prior consent of City, which <br />will not be unreasonably withheld. <br /> <br />25. Paraaraoh Headinas. Paragraph headings as used herein are for <br />convenience only and will not be deemed to be a part of such paragraphs and <br />will not be construed to change the meaning thereof. <br /> <br />26. Entire Aareement. This Agreement, together with any other written <br />document referred to or contemplated by it, along with the purchase order for this <br />Agreement and its provisions, embody the entire Agreement and understanding <br /> <br />ATTY/AGR/2010.002 <br />011310 <br /> <br />8 <br />