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7.1.B. - Page 16 <br /> 21. Covenants Aaainst Continqent �ees, Cor�sulfiant warranfis that Consultant has <br /> nat empfoyed or retained any company or person, other fihan a bana fide employee <br /> wor�Cing for Gor�sultanf, to solicifi or secur� fihis Agreement, and thaf Consultant has r�ot <br /> paid or agreed to pay any campany or p�rson, other thar� a bona fide employee, any <br /> fee, commissian, percenfage, brokerage fee, gift, or any ather consideration contingent <br /> upon, or resultir�g from, the award or makir�g af this Agreement. For breach or violation <br /> of this warranty, City will have tl�e righ� to annul this Agreement without fability, or, in ifs <br /> discrefiion, to deduct from the'Agreement price or cansideration, or otherwise recover, <br /> fihe full amount of the fee, commission, percen�age, brokerage fees, gift, or contin�ent <br /> fee. <br /> 22. Claims Ar�d Lawsuits. Consuitanf acknawfedges fhaf if a false c�aim is submitted <br /> to City by Cor�s�ltant, ifi may be cansidered firaud and Consuitant may be subject fo <br /> criminal prosecution. Consulfianfi acknawledges that Cafifornia Government Code <br /> sectians 12650 et seq_, fihe False Claims Act appiies to this Agreement and, provides . <br /> for civii penalties where a p�rson knowir�gly submits a false claim to a public entity. <br /> These provisions inclUde fafse claims made with deliberate igr�orance of t�e false <br /> i�formation or in recKiess disregard of the truth or#alsity.of information. If Ci�y seeks ta <br /> recover penalfies pursuanf to the Fa[se Claims Act, it is enti�led fo recover its litigation <br /> costs, including attorney's fees. Consultant acknowledges ti�at the filirtg af a false cla�m <br /> may subj�ct Consultant to an administrative debarmenf �roceeding as fhe result o� <br /> which Consultant may be pre�er�ted to act as a Cansul�anf on ar�y public work or <br /> impravement for a period of �p to five (5) years. Cor�sultant acknowledges disbarmant <br /> by another�urisdicfian is grounds for Cify fo terminate this Agr�emen�. <br /> 23. Jurisdiction and Venue. Any action at [aw �ar in equity braught by either af t�e � <br /> Parties for the purpose of enforcing a right or righfs provided for by this Agreement wi�l <br /> b� firied in a court of compefent jurisdiction ir� the Cour�ty of Sar� Mateo, 5tate af <br /> Califiornia, an� the Parties waive a[I provisions of law providing for a change of venue ir� <br /> these praceedings�o any other couhfy. � <br /> 24. Successors ar�d Assiqns. It is mutually understood and agreed that this <br /> Agreemer�t will be �inding upon the Parties and the[r respective success�rs. Neifher <br /> this Agreement nor any part of it nor any mor�ies due or to became due ur�der if may be <br /> assigned �y Consuitanfi without the prior canser�t of Ci�y, which will not be unreasonabiy <br /> withheld. <br /> 2�. Paraaraph,Headinqs. Paragraph headings as used herein are for cor��enience <br /> only and will nofi be deemed to be a part of such paragraphs and wil[ not be constru�d <br /> �a change the mear�ir�g thereof. <br /> Page8of12 <br /> ATTYIAGRi2013.07�}fKRUPKA CONSULTING <br /> REV:05-15-'f3 VR <br />