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6.1. D. - Page 10 <br /> the f�ll amount of the fee, commission, percentage, brokerage fees, gift, or contingent <br /> fee. <br /> 22. Claims and I�awsuits. Cor�sultant acknowledges that if a false claim is s�bmitted <br /> to City by Consultant, it may be considered fraud and Cor�sultant may be s�bject to <br /> crir prosecutian. Cansultant acknowledges that Califarnia Goverr�ment C�de <br /> seetions 12650 et seq., the False Claims Act applies to this Agreement and, pro�ides <br /> for ci�il penalties where a person knowingly subrnits a false claim to a public entity. <br /> These provisior�s include false claims made with deliberate ignorance of the false <br /> information or in reckless disregard of #he truth o� #'alsity of information. If City seeks #o <br /> recover pena�ties pursuant to the False Claims Act, it is entitled to reca�er its litigation <br /> costs, including attorney's fees. Cons�ltant acknowledges that the filing of a#alse claim <br /> may subject Cons�rftant to an administrati�e debarment praceeding as the result of ; <br /> which Cor�sultar�t may be prever�ted to act as a Consultant on any public work or <br /> improuement for a period of up to �ive (5) years. Cons�altant acknowledges disbarmen# <br /> by another j�risdiction is grounds for City ta termina#e tf�is Agreement. <br /> 23. .Jurisdiction and Venue. Ar�y action at law or in equity bro�g�t by either af the <br /> Parties for tF�e purpose af er�forcing a right or rights provided for by this Agreemen� will <br /> be tried in a court of competent jurisdiction in the County of San Mateo, Sta#e of <br /> Caiifornia, and the Parties wai�e all pro�isions ofi law providing for a change of ver�ue in <br /> these proceedings to any other caunty. <br /> 24. Successors and Assiqns. It is mut�al�y 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 Cor�suftar�t without the prior consent of City, which will not be unreasonably <br /> withheld. <br /> 25. Paraaraph Headir�as. Paragraph headings as used i�erein are for co�venier�ce <br /> only and will nat be deem�d ta b� a part of s�eh paragraphs and wifl not be construed <br /> to change the meaning thereof, <br /> 2S. Entire Aqreement. This Agreement, together with any other written document <br /> referred to or cantemplated by it, along with the purchase order for this Agreer and <br /> its pro�isions, embody the entire Agreement and ur�derstanding between the parties <br /> relating tn the s�bject matter of it. in case of conflict, the terms of the Agreement <br /> supersede the purchase order and any otl�er attachment or exhibit. Neither this <br /> 'Agreement nor any o# its pro�isions may be amended, modi�ed, waived or discharged <br /> except in a writing signed by both parties. <br /> 27. Authoritv. The indi�iduals executing this Agreement ar�d the instruments <br /> referenced in it on behalf of Consultant each represent and warrant that they ha�e the <br /> legal power, right ar�d actual autharity to bind Consultar�t to the terms and conditions of <br /> this Agreement. <br /> fSignature Page Folfo�s� <br /> ATTYlAGR.2012.175lCDM SIUIITH INC. <br /> REV: 1�-1-12 Vft <br /> Page 8 of 7 9 <br />