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6.1. B. - Page 11 21. Cfl�enar�ts Ac�ainst Contir�qent Fees. Consultant warrants that Consultant has not employed or retained a�y com�ar�y or person, ot�er than a bona fide employee working far Consultant, fo solicit or secure this Agreement, and that Consultant has no# paid or agreed to pay any campany or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consid�ration contingent upor�, or resulting fram, tl�e award or making of this Agreement. For breach or violation of this warranty, City will have the righ# to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price ar consideration, or otherwise recover, the full amount of the fee, comrnissian, percentage, brokerage fees, gift, or continger�t fee. 22. Claims And �.awsuits. Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered #raud and Consultant may be subject to criminal prasecut�on. Cansultant acknawledges that CaGfiornia Gavernme�t Cod� sections 12650 et seq., the False Claims Act applies to this Agreeme�t and, provides for ci�il penalties wh�re a person knowingly subrr�its a false claim to a public entity. T�ese provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the fru�h or falsity of in#orma�ion. If City seeks to reco�er penalties pursuant to the False Claims Act, it is entitled to recor�er its litigation costs, inciuding attor�ey's fees. Consultant acknowledges that the filing of a false claim may subject. Consultant to a.t� administrative debarment pro�ceeding as the result _ of ... which Consultant may be prevented to act as a Consuktant on any pubiic work �r improvement for a period of up to five (5) years. Cor�sultant acknowledges dis�armer�t by anot�erjurisdiction is grou�ds for City to termir�ate this Agreement. 23. Jurisdiction and Venue. Any action at law ar in equity brought �y either of the � Pa�ties for the pur�ose of enfarcir�g a right or rights pro�ided for by this Agreement will be tried ir� a court af competent jurisdiction in the County af San Mateo, State of Califomia, and the Par�ies waive all pravis�ons of law praviding for a change of ver�ue in thes� proceedings to any other cour�ty. 24. Successors and Assiqns. It is mutua[ly understood and agreed that this Agreement will be binding u�on the Parties ar�d their respective successors. Neither this Agreement nor any part of it nor any rr�onies due or to become due under it may be assigned by Consultant without the prior consent of City, whicl� wil! not be unreasonably with he[d. � I 25. Paraqraph Heacfings. Paragra�h headings as used herein are for convenience � only and will not be deemed to be a part of such paragraphs ar�d will not be construed to change the meaning thereaf. 26. �ntire Actreement. This Agreemen�, together with any other written document referred to or eontemplated by it, along with the purchase order for this Agreement and its pro�isions, embody the e�tire Agreement and ur�derstanding between the parties relating to the subject matter of it. In case of cor�flict, the terms of the Agreement supersede the purchase order and any other attachm�r�t or exhibif. Neither this ATTYlAGR120'[ 1.1271DSA BEL�ECCI '1100QO.DOC R�V: �f 1115111 8