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OCT-12-1994 15:57 S.J. COUNTY PUBLIC WORKS aey abti z'JJy r.03 comply with p y any proPtsion of the District ordinances, resolutions, rules or regulations, or any applicable agreement referred to above. " 4. Payment for District Services At the time of execution of this Agreement, Developer shall advance to the District the sum of $5, 000.00 for engineering, legal, financial advisor, and administrative services in connection with District's study and investigation of water and sewer service to the Project and plan review, and other costs incurred by the District in the performance of its duties under this Agreement and otherwise in connection with providing water and sewer service to the Project. No work will be done by the District or its consultants until the advance is made. upon completion of construction and acceptance or the Subdivision water and sewer improvements by the District, any funds so advanced by the Developer in excess of the District's actual costs shall be refunded to the Developer without interest, conversely, any costs incurred by the District over and above the amount advanced by the Developer shall be paid by the Developer upon demand and before notice of acceptance of the subdivision water and sewer improvemente. In addition, if the sum set forth above is Insufficient to cover the District's costs, then the District reserves the right to demand that an additional advance be made by the Developer, and no further work by the District or its consultants will be done until the additional advance is made. 5. Termin� _ agog= Unless the term of this Agreement is extended by mutual agreement of the parties, this agreement shall remain in effect for five years. If, within that period of time a main line extension agreement is not executed by the parties, then this agreement shall terminate. 6. Indgmni.ficatien end Rola Harmless Developer shall indemnify, defend, protect, and hold harmless the District, and its officer, employees and agents from and against any and all liability, losses, claims, damages, expense, and costs (including attorney, expert witness and consultant fees and litigation costs) of every nature arising out of or in connection with Developer's performance of work under this Agreement or failure to perform under this Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the District. 7 . Assignment. This Agreement shall bind and inure to the benefit of the respective successors in interest, assigns, heirs, representatives, executors and administrators of the parties; provided, however, that (a) any transfer or assignment of any interest under this Agreement by Developer shall only be to a person or entity that owns all or some portion of the Property, (b) the District must be notified in writing of any such proposed transfer or assignment, and (c) any such transfer or assignment must be implemented pursuant to a written assignment or other transfer document, in a form acceptable to the District, by which 3 £0 'd L892 692 60L ` l"HsLwW 9 -1-7tlHS21tlW