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9.3 Enforcement of Joint Exercise of Powers Agreement <br /> The Joint Exercise of Powers Agreement contains limitations on the rate of flow, <br /> strength of sewage delivered to the wastewater treatment plant by each of the <br /> members (Section 7.4), as well as a requirement that each member adopt and <br /> enforce an industrial waste ordinance restricting the composition and <br /> characteristics of industrial wastes discharged to the sewage system operated by <br /> each member. (Section 7.6). SBSA is authorized to take all legal or equitable <br /> actions necessary to enforce those provisions. (Section 7.7) SBSA agrees to take <br /> such enforcement action if one or more members of SBSA are in violation of <br /> those provisions and such violation interferes with SBSA's ability to deliver <br /> Recycled Water to City at the times, in the amounts, meeting the quality <br /> requirements and at the cost provided in this Agreement. <br /> 9.4 Indemnification <br /> 9.4.1 By SBSA <br /> SBSA will indemnify, defend and hold harmless City, its councilmembers, <br /> officers, employees and agents from and against any and all loss, liability, <br /> claims, costs, suits and damages of whatever nature arising from SBSA's - <br /> willful misconduct, negligence, or breach of this Agreement associated <br /> with the production and delivery of Recycled Water up to the Point of <br /> Delivery. <br /> 9.4.2 By City <br /> City will indemnify, defend and hold harmless SBSA, its commission <br /> members, officers, employees and agents from and against any and all <br /> loss, liability, claims, costs, suits and damages of whatever nature arising <br /> -21- 1091374.7 <br /> T. 1 <br />