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federal insolvency or similar law for the <br />purpose of its bankruptcy, reorganization, <br />or liquidation. <br />7.13.20 Standard of Care. City relies upon the <br />professional ability of Contractor and <br />representations regarding the type of work to be <br />performed as a material inducement to entering <br />into this Agreement. Contractor shall perform the <br />professional services hereunder in accordance with <br />the highest professional standards of software <br />design services. Contractor agrees that the <br />acceptance of his work by City shall not operate <br />as a waiver or release of said obligation of <br />Contractor. The absence, omission, or failure to <br />include in this Agreement, items which are <br />normally considered to be a part of generally <br />accepted professional procedure or which involve <br />specialized professional judgment appropriate to <br />the type of work to be performed under this <br />Agreement shall not be used as a basis for <br />submission of inadequate work or incomplete <br />performance. <br />7.13.21 Covenant Against Contingent Fees. The Contractor <br />warrants that he has not employed or retained any <br />company or person, other than a bona fide employee <br />working for the Contractor, to solicit or secure <br />this Agreement, and that he has not paid or agreed <br />to pay any company or person, other than a bona <br />fide employee, any fee, commission, percentage, <br />brokerage fee, gift, or any other consideration, <br />contingent upon or resulting from the award or <br />making this Agreement. For breach or violation of <br />this warranty, the City shall have the right to <br />annul this Agreement without liability, or, in its <br />discretion to deduct from the Agreement price or <br />consideration, or otherwise recover, the full <br />amount of such fee, commission, percentage, <br />brokerage fee, gift, or contingent fee. <br />7.13.22 Statement of Economic Interest. If City <br />determines Contractor comes within the definition <br />of Consultant under the Political Reform Act <br />(Government Code X87100), Contractor shall <br />complete and file and shall require any other <br />person doing work under this Agreement to complete <br />and file a "Statement of Economic Interest" with <br />the Clerk of the City of Santa Ana disclosing <br />Contractor and/or such other person's financial <br />interests. In such case, Contractor shall not <br />make or participate in making or in any way <br />attempt to use Contractor's position to influence <br />Primary Agreement June 15, 2006 Page 36 <br />