Common use of REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION Clause in Contracts

REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION. The Construction Manager warrants that this Preconstruction Services Contract was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any Department agency employee. For breach or violation of this warranty, the Department shall have the right, in its discretion, to terminate this Preconstruction Services Contract without liability, to pay only for the value of the work actually performed, or to deduct from this Preconstruction Services Contract price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.