Agmt11 Edcco Group, Inc. - Laserfiche WebLink

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20 Termination In the event of the ConsultanYs failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Consultant in writing pursuant to the notice provisions of this Agreement If City decides to abandon or postpone the work or services contemplated by this Agreement, City may termmate this Agreement upon wntten notice to Consultant pursuant to the notice provisions of this Agreement Termination will be effective immediately upon notification Either Party upon tendering thirty (30) days wntten notice to the other party may terminate this Agreement Within 10 days of termination Consultant wdl assemble the work product without charge and put it in order for proper fding and closing and delroer it to City Consultant will be paid for work performed up to the termmation date, however, the total will not exceed the lump sum fee payable under this Agreement City will make a determination of final payment based upon the value of the work product delivered to City and the percentage of the services performed 21 Covenants Apainst Continqent Fees Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resultmg from, the award or making of this Agreement For breach or violation of this warranty, City will have the nght to annul this Agreement without liabdity, or, in its discretion, to deduct from the Agreement pnce or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee 22 Claims And Lawsuits Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be sub�ect to cnminal prosecution Consultant acknowledges that California Government Code sections 12650 et seq , the False Claims 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 mformation If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, mcluding attorney's fees Consultant acknowledges that the filing of a false claim may sub�ect Consultant to an administrative debarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (5) years Consultant acknowledges disbarment by another �urisdiction is grounds for City to terminate this Agreement 23 Jurisdiction and Venue Any action at law or in eqwty brought by either of the Parties for the purpose of enforcing a right or nghts provided for by this Agreement wdl ATTY/AGR/2011 059/EDCCO GROUP INC 7 071311