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f � , r 1_ 'Scope of Professional Services: A. COUNTY agrees to retain CONSULTANT and CONSULTANT agrees to provide services set forth in this Agreement and as described in . CONSULTANT proposal dated October 13, 2010, and shown as Exhibit A, hereto and incorporated by reference herein. B. in the event that there is conflict between the language of this Agreement and Exhibit A, this Agreement shall control. C. CONSULTANT warrants that it possesses the knowledge and skills necessary for the development of said Environmental Impact Report or that it will subcontract for such services. CONSULTANT warrants that said Environmental Impact Report will be prepared in accord with the provisions of the California Environmental Quality Act, as amended. D. CONSULTANT acknowledges there is no current contract with project applicant, and CONSULTANT agrees to forego any financial involvement with the applicant relating directly or indirectly to this project for a period of one year after completion of this agreement. E. In the event of judicial determination of the inadequacy of the Environmental Impact Report, CONSULTANT agrees to perform such work as deemed necessary on a time and materials basis with additional work to be based on CONSULTANTS per diem fee schedule contained in Exhibit A hereto. F. CONSULTANT shall perform the CONSULTANT'S work in accordance with currently approved methods and standards of practice in the CONSULTANT'S professional specialty. 2. Terra of Agreement: Services of CONSULTANT shall commence as soon as practical after the execution of this Agreement and shall terminate upon notice of completion and acceptance of services described herein and in Exhibit A. Such notice of completion and acceptance of such services shall be in writing by the County Director of Community Development to CONSULTANT 3, Compensation: In addition to the services set forth in this Agreement and Exhibit A, COUNTY and CONSULTANT agree that CONSULTANT and the County Director of Community Development may agree in writing during the term of this Agreement that CONSULTANT shall perform any extra services found by the County Director of Community Development to be necessary for the preparation of the Environmental Impact Report. Extra services, when authorized by the County Director of Community Development shall be done on a time and materials basis not to exceed the maximum charge set by the County Director of Community Development, and shall be based on CONSULTANTS per diem fee schedule contained in Exhibit A hereto. 2of9