1984-09-19 Regular Meeting - Laserfiche WebLink

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• • -4- Subsidence District water regulations, proceedings, and court actions), labor trouble or shortage, equipment or power failure, breakage of water mains; or inability to secure fuel, materials, equipment or power. In the event of water shortages, or other emergency, whether declared or undeclared, CITY will have the same rights under this Agreement to ration or curtail comsumption in the same manner and to the same extent that CITY may do so within its own corporate bound•- • aries, and to its other customers, and CITY shall have no liability • to BMUD nor to its customers in such event. BMUD agrees to cooperate with CITY, acting in BMUD'S governmental capacity, to enforce in BMUD, such curtailment or rationing measures which CITY may enforce among its residents, as requested by CITY. xs INDEMNITY BMUD shall indemnify, save harmless and defend CITY from all liabilty, claims, demands, or suits for loss, damage, or injury to person or property in any manner arising out of or incident to the performance of this Agreement, it being the intention of the parties that such commitment to indemnify, save harmless and defend CITY shall apply whether or not the liability, claims, demands, or suits arise from the negligence of CITY. This commitment to indemnify, save • harmless and defend CITY shall survive termination of this Agreement (only to the extent necessary) to cover any and all liability, claims, demands, or suits which may arise out of or be incident to the per- formance of this Agreement. This indemnity agreement shall include CITY'S reasonable attorney's fees and cost of defense. • ASSIGNMENT This Agreement is not assignable in whole or in part by either party, nor shall either party subcontract any of its obligations hereunder without the prior written consent of the other party. ~~