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20. Termination. In the event of the Consultant's failure to prosecute, deliver, or <br /> perform the Services, Agency may terminate this Agreement for nonperformance by <br /> notifying Consultant in writing pursuant to the notice provisions of this Agreement. If <br /> Agency decides to abandon or indefinitely postpone the work or services contemplated <br /> by this Agreement, Agency may terminate this Agreement upon written notice to <br /> Consultant pursuant to the notice provisions of this Agreement. Termination will be <br /> effective immediately upon notification. Consultant has five (5) business days to deliver <br /> any documents owned by Agency and all work in progress to Agency address contained <br /> in this Agreement. Agency will make a determination of fact based upon the work <br /> product delivered to Agency and of the percentage of work that Consultant has <br /> perFormed which is usable and of worth to Agency in having the Agreement completed. <br /> Based upon that finding Agency will determine the final payment of the Agreement. <br /> Either Party upon tendering thirry (30) days written notice to the other party may <br /> terminate this Agreement. In this event and upon request of Agency, Consultant will <br /> assemble the wor!: product without charge and put it in order for proper filing and <br /> closing and deliver it to Agency. Consultant will be paid for work performed to the <br /> termination date; however, the total will not exceed the lump sum fee payable under this <br /> Agreement. Agency will make the final determination as to the portions of tasks <br /> completed and the compensation to be made. <br /> 21. Covenants Aqainst Contingent Fees. Consultant warrants that Consultant has <br /> not employed or retained any company or person, other than a bona fide employee <br /> working for Consu!tant, 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, Aqency will have the right to annul this Agreement without liability, or, <br /> in its discretion, to deduct from the Agreement price or consideration, or otherwise <br /> recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or <br /> contingent fee. <br /> 22. Claims And Lawsuits. By signing this Agreement, Consultant agrees that any <br /> Agreement claim submitted to Agency must be asserted as part of the Agreement <br /> process as set forth in this Agreement and not in anticipation of litigation or in <br /> conjunction with litigation. Consultant acknowledges that if a false claim is submitted to <br /> Agency 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 Claims 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 Agency seeks <br /> to recover penalties pursuant to the False Claims Act, it is entitled 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 /> RDA Agreement over$10K 7 <br /> City Attomey Approved Version 090103 <br />