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<br /> 9D <br /> Page 8 <br /> 17, Covenants Aoainst Continoent 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 /> 18. 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 /> 19. 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 /> 20, Successors and Assiqns. 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 /> 21, Paraqraph Headinos. 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 />