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6.1.C. - Page 10 21. Covenants Aqair�st Conti�._��es. Consulfiant warrat�ts that Consul�ant has not empioyed or retained any company or person, other fhan a bor�a �ide empioyee workit�g for Consultant, to solicit or secure this Agreemer�t, and that Consultant has not paid or agreed to pay any company or persort, other than a bona fide �mployee, any fee, commissior�, percenta�e, �rokerage fee, gift, or any other cansideration contingent �pon, or resultin� from, fhe award or makir�g of this Agreernent. �or breach or violation of t�is warranty, Ci�y will have the right �o a�nul this Agreement without liability, or, i� its discretiQr�, to ded€�ct fram the Agreemer�� price or considerafian, or otherwise recover, the fu�l amount of tE�e fee, comm�ssion, �ercentage, broicerage fees, gift, or contingen# fee. 22. Claims And Lawsuits. Consultant acknowledges that if a false claim is submiffed to City by Consultar�t, it may be considered fraud and Cansultant may be subject to criminal proseeution, Consultant acknow{edges that California Go�ernmer�t Cc�de sections 12650 ef seq., �he �'alse Clairr�s Act appfies to this Agreemenf and, provides for civil penalt�es w�€ere a person kr�owingfy s�bmits a �alse cfaim to a public entity. �These provisior�s inc{ude �alse claims mac�e wEth deliberate ignorance of the �False informatior� or in recKless disregard af the tr€�th or fialsity of information. If City se�fcs to reco�er penalties pursuant to the �a6se Claims Act, it is enti�{ed �o recav�r its lifiigatior� , costs, includin� attorney's fees. Cansultanf acfcnowledges that the fifing of a false claim may subj�ct Consultant to an adminis�ra#ive de�arment procee�ing as �he result of which Consultant may be �revented �o act as a Consultant on any public work or improvement for a period of up to five (5) years. Cons�ftant acknow{edges disbarment by anofher jurisdic�ion is grounds for City to terminate this Agreement. 23. Jurisdiction a�d Venue. Any action a� law or in equity broug�t by either o€ the Parties for tE�e purpose a� enforcing a right ar rights provided for by fhis Agreemer�t will be �ried ir� a cour� of eompe�ent jurisdictio� in the County of San Mateo, State of California, and the Parties waive all provisior�s of !aw providing for a change of venue in �hese proceedings to any other county. 24. S�ccessors and Assi ns. �It is mtatually ur�derstood and agreed that fhis Agreement wilf be binding upon the Parties and t�eir respective successars. Neither • this Agreement �or any par� of it nor.any monies due or to �ecome dt�e t�nder i� may be assigne� by Cot�sul�ant wit�ouf the priot- cansent o�City, which wil� nof be unreasonabfy witt�held. 25. Paraqrapf� Headinc#s, Paragraph neadings as t�sed herein are �or ca€�venience only and will r�at b� deemed to be a part of such paragraphs and will not be construed to change t�e meaning thereof. 26. Er�tire_Aqreement. This Agreer�-�ent, together with ar�y ofher writ�en doc�ment referred to or contemplated �y it, along wifh the p�rchase order for this Agreement and its pro�isions, embody t�e en�ire Agreement and understanding betwee� the par�ies relafing to the subject matter of it. In case of conflict, the terrrts of fhe Agreement supersede t�e purchase� order and any other at�achmenf or exhibit. Neither this C3RAFT RHAA 93203 BL 09982�91C�UNCIL 8