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24. If consultant, pursuant to this agreiwt, produces plans, specifications, or other documents and/or performs field services, and such plans, specifications, and other documents and/or field services are required by one or more governmental agency, and one or more such governmental agency changes its ordinances, poli- cies, procedures or requirements after the date of this agreement, any additional office or field services thereby required shall be paid for by client as extra services. 25. In the event consultant's fee schedule changes due to any in- crease of costs such as the granting of wage increases and/or other employee benefits to field or office employees due to the terms of any labor agreement, or rise in the cost of living, during the lifetime of this agreement, a percentage increase shall be applied to all remaining compensation. 26. Client agrees that if client requests services not specified pursuant to the scope of services description within this agreement, client agrees to pay for all such additional services as extra work. 27. In the event that any staking is destroyed, damaged or dis- turbed by an act of God or parties other than consultant, the cost of restaking shall be paid for by client as extra services. 26. Client acknowledges that the design services performed pursu- ant to this agreement are based upon field and other conditions existing at the time these services were performed. Client further ac- es that field and other conditions may change by the time project n occurs and clarification, adjustments, modifica- tions and other changes may be necessary to reflect changed field or other conditions. If the scope of services pursuant to this agree- ment does not include constnwtion staking services by consultant forthis projeM or d subsequent to this agreement client retains other persons or entities to provide such staking services, client acknowl- edges that such staking services will be performed by others and that client wig defend, indemnify, and hold consultant harmless from any and all claims arising from or resulting from the performance of such staking services by other persons or entities except claims caused by the sole negligence or willful misconduct of consultant; and from any and all claims arising from or resulting from clarifica- tions, adjustments, modifications or other changes which may be necessary to reflect changed field or other conditions except claims caused by the sole negligence or willful misconduct of consultant. 29. Client shall pay the costs of checking and inspection fees, zoning and annexation application fees, assessment fees, soils engineering fees, soils testing fees, aerial topography fees, and all other fees, permits, bond premiums, title company charges, blue- prints and reproductions, and all other charges not specifically covered by the terms of this agreement. 30. Client acknowledges and agrees that if consultant provides sur- veying services, which services require the filing of a Record of Survey in accordance with Business and Professions Code Section 8762, that all of the costs of preparation, examination and filing for the Record of Survey will be paid by client as extra work in accordance with Provision 26. 31. Consultant is not responsible for delay caused by activities or factors beyond consultant's reasonable control, including but not limited to, delays by reason of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of client to furnish timely information or approve or disapprove of consultant's services or work product promptly, faulty performance by client or other contrac- tors or governmental agencies. When such delays beyond consultant's reasonable control occur, client agrees consultant is not responsible in damages nor shall consultant be deemed to be in default of this agreement. 32. Consultant shall not be liable for damages resulting from the ac- tions or inactions of gl&mental ( Ghent InnialS I Consuftant lnitials I agencies including, but not limited to, permit processing, environ- -- — I Og7 mental impact reports, dedica- tions, edica tions, general plans and amendments thereto, zoning matters, an- nexations or consolidations, use or conditional use permits, project or plan approvals, and building permits. The client agrees that it is the responsibility of the client to maintain in good standing all gov- ernment approvals and permits and to apply for any extensions thereof. 33. In the event that client institutes a suit against consultant, either directly by complaint or by way of cross-complaint, including a cross- complaint for indemnity, for alleged negligence, error, omission, or other failure to perform, and d client fails to obtain a judgment in client's favor, the lawsuit is dismissed, or if judgment is rendered for consultant, client agrees to pay consultant all costs of defense, including attomeys' fees, expert witness fees, court costs, and any and all other expenses of defense. Client agrees such payments shall be made immediately following dismissal of the case or upon entry of judgment. 34. If any action at law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this .agreement, the prevailing party shall be entitled to reasonable attorneys' fees, which fees may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which he may be entitled. 35. Client agrees that in the event client institutes litigation to enforce or interpret the provisions of this agreement, such litigation is to be brought and adjudicated in the appropriate court in the county in which consultant's principal place of business is located, and client waives the right to bring, try or remove such litigation to any other county or judicial district. 36. Consultant makes no representation concerning the estimated quantities and probable costs made in connection with maps, plans, specifications, reports or drawings other than that all such costs are estimates only and actual costs will vary. It is the responsibility of client to verify costs. 37. Client acknowledges that consultant is not responsible for the performance of work by third parties including, but not limited to, the construction contractor and its subcontractors. 38. Consultant makes no warranty, either expressed or implied, as to his findings, recommendations, plans, specifications, or profes- sional advice except that the services or work product were per- formed pursuant to generally accepted standards of practice in effect at the time of performance. 39. Estimates of land areas provided under this agreement are not to be considered precise unless consultant specifically agrees to provide the precise determination of such areas. 40. In the event the client agrees to, permits, authorizes, constructs or permits construction of changes in the plans, specifications, and documents or does not follow recommendations or reports prepared by consultant pursuant to this agreement, which changes are not consented to in writing by consultant, client acknowledges that the changes and their effects are not the responsibility of consultant and client agrees to release consultant from all liability arising from the use of such changes and further agrees to defend, indemnity and hold harmless consultant, its officers, directors, principals, agents and employees from and against all claims, demands, damages or costs arising from the changes and their effects. 41. Client acknowledges that the design services performed pursu- ant to this agreement are based upon field and other conditions existing at the time of preparation of consultant's services. Client Form A Page 3 of 4