Representation Regarding Previous Expert Services. Contractor hereby represents, warrants, and covenants that by performing the services required by this Agreement it will not be participating or assisting in an audit or investigation of any issue, matter, or question as to which Contractor has previously rendered compensated advice or services to any individual, corporation, department of the City other than the Controller, or any other entity. All representations, warranties and covenants made in this Section are deemed to be material. If City determines at any time that any such representation or warranty is not true: (a) upon written notice from City, this Agreement shall be deemed void, and Contractor shall immediately return to City any and all compensation received from City under this Agreement; (b) City may immediately terminate this Agreement by written notice to Contractor without any additional cost or obligations on the part of City; (c) City may commence debarment proceedings against Contractor; or (d) City may exercise any other legal or equitable remedies available to the City. The remedies provided herein may be exercised individually or in combination. The exercise of any remedy shall not be deemed to preclude or waive the exercise of any other remedy. The provisions of Section F1.112(b) of the City Charter are incorporated in this Section by reference and made a part of this Agreement as though fully set forth herein. This Section shall survive the expiration or any termination of this Agreement.
Representation Regarding Previous Expert Services. The Contractor hereby represents, warrants, and covenants that by performing the services required by this Agreement, it will not be participating or assisting in an audit or investigation of any issue, matter, or question as to which the Contractor has previously rendered compensated advice or services to any individual, corporation, department of the City other than the Controller of the City, or any other entity. All representations, warranties and covenants made in this section are deemed to be material. If the City determines at any time that any such representation or warranty is not true (a) upon written notice from the City, this Agreement shall be deemed void, and Contractor shall immediately return to the City any and all compensation received from the City under this Agreement; (b) the City may immediately terminate this Agreement by written notice to the Contractor without any additional cost or obligations on the part of the City; (c) the City may commence debarment proceedings against the Contractor; or (d) the City may exercise any other legal or equitable remedies available to the City. The remedies provided herein may be exercised individually or in combination. The exercise of any remedy shall not be deemed to preclude or waive the exercise of any other remedy. The provisions of Section F1.112(b) of the City Charter are incorporated in this section by reference and made a part of this Agreement as though fully set forth herein. This section shall survive the expiration or any termination of this Agreement.
