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20. Termination. In the event of the Consultant's failure to prosecute, deliver, <br /> or perform the Services, City may terminate this Agreement for nonperformance <br /> by notifying Consultant in writing pursuant to the notice provisions of this <br /> Agreement. If City decides to abandon or indefinitely postpone the work or <br /> services contemplated by this Agreement, City may terminate this Agreement <br /> upon written notice to Consultant pursuant to the notice provisions of this <br /> Agreement. Termination will be effective immediately upon notification. <br /> Consultant has five (5) business days to deliver any documents owned by City <br /> and all work in progress to City address contained in this Agreement. City will <br /> make a determination of fact based upon the work product delivered to City and <br /> of the percentage of work that Consultant has performed which is usable and of <br /> worth to City in having the Agreement completed. Based upon that finding City <br /> will determine the final payment of the Agreement. <br /> Either Party upon tendering thirty (30) days written notice to the other party may <br /> terminate this Agreement. In this event and upon request of City, Consultant will <br /> assemble the work product without charge and put it in order for proper filing and <br /> closing and deliver it to City. Consultant will be paid for work performed to the <br /> termination date; however, the total will not exceed the lump um fee payable <br /> p P Y <br /> under this Agreement. City will make the final determination as to the portions of <br /> tasks completed and the compensation to be made. <br /> 21. Covenants Against Contingent Fees. Consultant warrants that Consultant <br /> has not employed or retained any company or person, other than a bona fide <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 /> 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 /> 7 of 15 3/22/2011 <br />