Common use of CLAIMS AND LAWSUITS Clause in Contracts

CLAIMS AND LAWSUITS. By signing this Agreement, Consultant agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. 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 debarment by another jurisdiction is grounds for City to terminate this Agreement.

Appears in 5 contracts

Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement

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CLAIMS AND LAWSUITS. By signing this Agreement, Consultant Vendor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Consultant Vendor acknowledges that if a false claim is submitted to City by ConsultantVendor, it may be considered fraud and Consultant Vendor may be subject to criminal prosecution. Consultant Vendor 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 Vendor acknowledges that the filing of a false claim may subject Consultant Vendor to an administrative debarment proceeding as the result of which Consultant Vendor may be prevented to act as a Consultant Vendor on any public work or improvement for a period of up to five (5) years. Consultant Vendor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement.

Appears in 1 contract

Samples: Agreement

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