Agmt14 Bureau Veritas North America Inc.

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20. Termination. In the event of the Consultant's faifure to prosecute, deliver, or perform the Services, City may terminate this Agreement far nanperfannance by notifying Consultar�t in writing pursuant to#he notice provisions of tfiis Agreement. If City decides to abandon or pos#pone #he work or services contemplated by tttis Agr�ement, Ci#y may termina#e this Agre�ment upon writte� nobce to Consu{tant pursuan# ta the notice provisions of this Agreement. Termination wilt be effective immedia#ely upon noti#ication. Either Party upon tendering thirty (30) days written notice to the ather party may terminate this Agreement. Wi#hin 10 days of termination Consuitant will assemble the worlc product wifhau#charge anc! put i# ln order for proper filing and closing and deiiver i#to Gity, Consuitant wili be paid far work perFormed up to the termination date; however, the total wili not exceed the lump sum fee payable under this Agreement. City wili make a de#ermination af final payment based upon the va►ue of the work product delivered to City and the percentage of the setvices performed. 21. Cov+enants as�ainst Continc�ent Fees. Consultant warrants that Consultant has not employed or retair�ed any company or per5on, other#han a bona fide empioyee woricing for Consultant, to solieit ar secure this Agreement, and that Consuttant has not paid or agreed to pay any company or person, other than a bona �de employeQ, any fee, commission, percerrtage, brokerage fee, gift, or any other consideration cantingent upon, ar resulting f�om, the award or making of this Agreement. For breach or violation of this warranty, City will have the right ta annul this Agreement withou# liability, or, in its discr'etion, ta deduct from the Agreement price or consideratian, or o#herwise recover, the fiali amour�t of the fiee, commission, pe�centage, brokerage fees, gift, or conti�gent fee. 22. Glaims and Lawsuits. Consultant acknowledges that if a faise ciaim is submitted to City by Consultan#, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that Califomia Govemrnent Code sections 12650 ef seq., the False Claims Act appliss to this Agreement and, provides for civil penatties where a person knowingly submits a false claim to a public entity. These provisions inctude false claims made with deliberate ignorance of the false information or 'rn reckless disregard of the truth or falsity af infarmation. If City seeks to recover penalties pursuant to the False Claims Act, it is enti��ed to recover its litigatian costs, induding attomey's fees. Consultant acknowiedges that the filing of a false claim may subject Consultant to an administrative debarment proceeding as the result af which Consultant may be prevented to aCt as a Consultant on ar�y public work or improvement for a period of up #o five (5) years. Consultant acknawledges disbarment by another jurisdiction is grounds far City ta k�rminate this Agreement. 23. Jurisdiction and Venue, Any action at faw or in equity brought by either of the Parties for the purpose af er�forcing a right or rights pravided for by this Agreement will REV:u-��-a.s v� Page 7 of 13 ATTY/AGR2013.246/Bureau Verit�s North America,inc.