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21. Covenants Against Continpent Fees. Consultant warrants that Consultant has <br /> not employed or retained any company or person, other than a bona fide employee <br /> working for Consultant, to solicit or secure this Agreement, and that Consultant has not <br /> paid or agreed to pay any company or person, other than a bona fide employee, any <br /> fee, commission, percentage, brokerage fee, gift, or any other consideration contingent <br /> upon, or resulting from, the award or making of this Agreement. For breach or violation <br /> of this warranty, City will have the right to annul this Agreement without liability, or, in its <br /> discretion, to deduct from the Agreement price or consideration, or otherwise recover, <br /> the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent <br /> fee. <br /> 22. Claims And Lawsuits. Consultant acknowledges that if a false claim is submitted <br /> to City by Consultant, it may be considered fraud and Consultant may be subject to <br /> criminal prosecution. Consultant acknowledges that California Government Code <br /> sections 12650 et seq., the False Ciaims Act applies to this Agreement and, provides <br /> for civil penalties where a person knowingly submits a false claim to a public entity. <br /> These provisions include false claims made with deliberate ignorance of the false <br /> information or in reckless disregard of the truth or falsity of information. If City seeks to <br /> recover penalties pursuant to the False Claims Act, it is entitied to recover its litigation <br /> costs, 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 of <br /> which Consuitant may be prevented to act as a Consultant on any public work or <br /> improvement for a period of up to five (5) years. Consultant acknowledges disbarment <br /> by another jurisdiction is grounds for City to terminate this Agreement. <br /> 23. Jurisdiction and Venue. Any action at law or in equity brought by either of the <br /> Parties for the purpose of enforcing a right or rights provided for by this Agreement will <br /> be tried in a court of competent jurisdiction in the County of San Mateo, State of <br /> Caiifornia, and the Parties waive all provisions of law providing for a change of venue in <br /> these proceedings to any other county. <br /> 24. Successors and Assiqns. It is mutualty understood and agreed that this <br /> Agreement will be binding upon the Parties and their respective successors. Neither <br /> this Agreement nor any part of it nor.any monies due or to become due under it may be <br /> assigned by Consultant without the prior consent of City, which will not be unreasonabiy <br /> withheld. <br /> 25. Paraaraqh Headinqs. Paragraph headings as used herein are for convenience <br /> only and will not be deemed to be a part of such paragraphs and will not be construed <br /> to change the meaning thereof. <br /> 26. Entire Aqreement. This Agreement, together with any other written document . <br /> referred to or contemplated by it, along with the purchase order for this Agreement and <br /> its provisions, embody the entire Agreement and understanding between the parties <br /> relating to the subject matter of it. In case of conflict, the terms of the Agreement <br /> supersede the purchase order and any other attachment or exhibit. Neither this <br /> DRAFT RHAA 93203 BL 09192011COUNCIL 8 - � � � <br />