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General Contract for Services PROPRIETARY AND CONFIDENTIAL 6. Miscellaneous Provisions. (a) You agree to hold H&A, Inc. free and harmless from any and all claims, and shall indemnify H&A, Inc. for any claim arising from any negligent act of omission on the part of your company. (b) Although certain of the obligations set forth in this agreement may, by necessity, be performed in states or countries beyond the State of California, this agreement shall be in all respects interpreted, governed by, and construed in accordance with the laws of the State of California. (c) If any provisions in this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 7. Le!?al Action. In the event that legal action is necessary to enforce any provision of this agreement, the prevailing party in the legal action shall be entitled to recover its attorneys' fees and court costs from the opposing party in any amount determined by the Court to be reasonable. (a) Any controversy or claim arising out of or relating to this agreement may be settled by arbitration in accordance with the rules of the American Arbitration Association. 8. General Conditions. H&A, Inc. will rely upon you to perform certain conditions, including such following conditions and any special conditions set forth in (9.) below, as may be necessary: (a) You or your designated project officer and/or representative shall closely coordinate with H&A, Inc. regarding changes in your Project, scheduling, or unanticipated problems. Changes to the proposed work effort of H&A, Inc. will be authorized in writing as quickly as possible. (b) You will promptly notify H&A, Inc. in writing should any changes in conceptual designs, engineering specifications, or physical control of the Project change at any time. (c) You will provide H&A, Inc. with all materials in your possession relevant to the services to be performed by H&A, Inc. (d) You will allow H&A, Inc. to review and approve any document or work product which uses or incorporates any portion of any work product produced by H&A, Inc. before their release to any person(s). You further allow H&A, Inc. to correct any client interpretation or representation of the technical content of the work produced by H&A, Inc. 9. Conditions as Necessary. In order for H&A, Inc. to complete the Scope of Work, the client agrees to provide H&A, Inc. with the following items, as initialed: (a) current color and/or color infrared aerial photograph of the property enlarged to a scale of I" = 200'; and/or A reproducible copy of a contour elevation map of the property, rectified to the aerial photograph described above, at a scale of 1" = 200' with two foot contour interval lines; and/or A 31/2" disk with a digitized version, formatted for AutoCADD Release 12, of the above described topographic map. (b) Relevant aerial photographs and topographic maps that may be in your files or your consultant's files. (c) Relevant hydrologic information on the property including a map showing the hydrologic basins and sub- basins on the property, the average annual flow contribution of each, and the season(s) in which the flow occurs. D:\FORMS\GENLCONT.NEW 2 Revised 12/94