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7.3 If any of the following circumstances exist, TriTech shall be entitled to charge additional Software Support fees plus expenses at its then current rates: 7.3.1 Problems in the TriTech Software are caused by modification of the TriTech Software, Subcontractor Software or Hardware, System Software, or Equipment by Client or a third party whether or not permitted hereunder. 7.3.2 Problems in the TriTech Software are caused by the TriTech Software not being used in accordance with the TriTech Documentation, or other instructions provided by TriTech, or by misuse or neglect. 7.3.3 Problems in the TriTech Software are caused by software not provided by TriTech, not approved by TriTech in writing or not specified as compatible in the TriTech Documentation. (The procedures for seeking approval for loading third party software on a CAD Workstation or Mobile Client (Mobile Workstation) are set forth in paragraph 7.4 of this Agreement. As provided in said provision, software that is not provided by TriTech shall not be loaded on a CAD Server or Mobile Server.) 7.3.4 Problems in the TriTech Software are caused by equipment which does not meet the configuration requirements specified in the TriTech Documentation, by failure of Client to provide and maintain the site and facility requirements described in the Purchase Agreement, or the use of "clones" (generic "look -alike" equipment) as substitutes for the Equipment listed in the Purchase Agreement. 7.3.5 Problems in the TriTech Software are caused by one or more computer viruses that have not been introduced into Client's system by TriTech. Client shall maintain up to date virus checking software and shall check all software received from TriTech or any other person or entity for viruses before introducing that software into any part of the CAD System. If desired by Client, TriTech will provide Updates on media rather than direct downloading to facilitate this virus checking. If, despite such check, a virus is introduced by TriTech, TriTech will provide a virus -free copy of the TriTech Software, and will, at its expense, reload said software on Client's Equipment. Client shall be primarily responsible for reloading its data and, to that end, shall practice reasonable back-up procedures for the CAD system. Should Client require TriTech's assistance in reloading Client's data from Client's back-up media, such assistance will be provided without charge. 7.3.6 Problems in the TriTech Software are caused by Subcontractor Software or System Software, including but not limited to operating system software. 7.3.7 Problems in the TriTech Software are caused by lack of Year 2000 Compliance of hardware, firmware, software, data or other facilities manufactured, developed and/or otherwise provided by Client or third parties, including but not limited to Equipment, Subcontractor Software or Hardware, or System Software. 7.3.8 Problems in the TriTech Software are caused by Equipment or software provided by Client or third parties with which the TriTech Software interfaces or operates Santa Ana Software Support Agreement V33 02/06 Copyright © 2006 TriTech Software Systems - Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 6 of 23