Agmt14 Pyro Spectaculars North, Inc

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17. Discrimination and Harassment Prohibited. Consultant wil{ comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 18. Termination. In the event of the ConsultanYs failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperFormance by notifying Consultant in writing pursuant to the notice provisions of this Agreement. If City decides to abandon or postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Consultant pursuant to the notice provisions of this Agreement. Termination will be effective immediately upon notification. 19. Right to �ancel. Party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. Consultant will be paid for work performed up to the termination date according to Exhibit A paragraph 12; however, the total will not exceed the lump sum fee payable under this Agreement. City will make a determination of final payment based upon the value of the work product delivered to City and the percentage of the services performed 20. Covenants aaainst Continqent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annu! this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwiss recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 21. Claims and Lawsuits. Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrative debarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (5) years. Consultant acknowledges disbarment by another jurisdiction is grounds for City to terminate this Agreement. REV:04-08-14 MLG PYRO REV: 12-2-13 GB ATTY/AGR/2014.011/PYRO SPECTACULARS NORTH INC Page6of13