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6.1.A. - Page 12 21. Cc�venants Against Cor�tingent Fees. Consu[�ant warrants that Consuitant has not emp�oyed or ret�ined any company or per�on, other than a bona fide �mplayee working far Consultant, to solicif or �ecur� this Agreement, and that Consultant has not paid ar agreed to pay any company or person, athe� fhan a bona fiide employee, any fee, commission, percentage, brc�kerage fee, gift, ar any ather considera�ian contingent upon, or resulting from, the award or making of this Agre�ment. For breach or violation nf thi5 warranty, City will have the right to annul thas Agreemen# without liability, or, in its discr�tion, to deduct from the Agreement price ar consideration, or atherwise recover, the full amount of the fee, eommission, percentage, brokerage fees, gift, or continge�t fee. 22. Cfaims And Lawsuits. Consultant acknowledges tt�at if a false claim is submittec! tc� Gity by Consultant, it may be considered fraud and Consultant may be subject to criminal prosec�t�on. Consultant acknowl�dges that California Government Cocfe sections 1265� et seq., the False Claims Act applies to this Agreernent and, pravides for civil penalties where a persan knowingly submits a f��se clairn to a pubric entity. These provisions inelude false claims rnade with defiberate ignorance af the false informatian or in rec�l�ss disregard af th� truth or falsity of informatian, If City seeks tn recov�r penalties p�arsuant to th� Fals� Claims Act, it is entit4ed ta recouer its� fitigation costs, including attarney`s fees. Consultant acknawledges th�# the #iling af a false cl�irn may subject Consultant ta an adm�nistratiue debarment �rac�eding �s the result of which Consultant may be prevented ta act as a Consult�nt on ar�y puk�lic vaork or improvement for a�eriod o# up tc� five {5) ye�rs. Consultant acknovuledges disbarment by another jurisdi�tion is grounds for City to terminate this Agreamen�. 23. Jurisd�ction and Venue. Any action at law or in equity brought by either of th� Parti�s for the purpose of �nforcing a right or rights provi�ed for by this Agreemen# will be tried in a court of cornpetent j�arisdiction in the County of San Mateo, State of California, and the Parties waive all proaisions af law proaiding fc�r a change af venu� in these proceedings �a any oth�r �ounty. 24. Succe�sars and Assians. If is mutuaify understaod �nd agr�ed #hat this Agreement will be binding upon the Parties and their resp�ective successors. Neither thi� Agreement nar any part �f �t nor any monies due or tc+ be�ome due under it rnay be ass�gned by Consult�nt witho�t t�e prior consent of City, which will not be unreasonaE�ly witt�held. 2�. Para�raph Headings. Paragraph headings as used herein ara far cnnvenience only and wil{ not be deerned tn be a part of such p�ragraphs and will not be construed ta change the m�aning �hereof. 26. Entir� Aqreemer�t. This Agreement, together with any ather written c�ocument re#arred to or contemplated by it, aion� with the purchase order for this Agreement and its pr�vi$ions, em�ody the entire Agreement ar�d unders�anding be�nreen the p�rties relating #� the subject matt�r of it. In case af conflict, the terr�s of the Agreemenk �uper�ecle the purchase ordar ar�d any other attachrrrent or exhibit. Neither t�is ATT1'IA�R12D12.OD91�&E ENGINEERihJG f�age 8 of 30 pFV�n� r�n��