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i� 1 1 l 9 ■ l 1� �` �- � . upon, or resulting from, the award or making of this Agreement. For breach or violation ._ , of this warranty, City/Agency will have the right to annul this Agreement without liabiliry, or, in its discretion, to deduct from the Agreement price or consideration, or othervvise recovPr, the full amount of the fee, commission, percentage, brokerage fees, gift, or conting�ntfee. . 22. Claims And Lawsuits. By signing tMis AgreemeM, Consultant agrees that any Agreement claim submitted to City/Agency must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Consultant acknowiedges that if a false claim is submitted to City/Agency by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that Califomia Govemment Code sections 12650 et seq., the False Ciaims Act 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 in reckless disregard of the truth or falsity of information. If City/Agency seeks to recover penalties pursuant to the Fatse Claims Act, it is entiUed to recover its litigation costs, including attomey's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrative debarment proceeding as the result of which Consultan t ma b r y e evented to act as a Consultan P t on any pubiic work or improvement for a period of up to five (5) years. Consultant acknowledges debarment b another 'urisdi ' ction is r Y ounds for Ci 1 /A enc 9 ty g y to terminate this Agreement. � 23. Jurisdiction and Venue. Any action at law or in equity brought by either of the Parties tor the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of com eten t 'uris dic tion in P the Coun of S � 1 an M ateo State of � � California, and the Parties waive all rovisions of law rovidin for P p g a change of venue in these proceedin s to an other coun . 9 Y tY I I 24. Successors and Assians. It is mutually understood and agreed that this Agreement will be binding upon the Parties and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Consultant without the prior consent of City/Agency, which will not be unreasonably withheld. 25. Paraara�h Headinas. Paragraph headings as used herein are for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning thereof. 26. Entire Aareement. This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be w amended, modified, waived or discharged except in a writing signed by both parties. FTB Master Agr � 040104