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<br />hereunder within (30) days after delivery of the materials, equipment, or supplies <br />purchased, or the service acquired by City. If payment is not made within (30) <br />days after such delivery or the performance of such service then an amount <br />equal to two percent (2%) of the amount of the reimbursement charged shall be <br />added thereto. Any account not paid within sixty (60) days may result, at <br />Sequoia District's discretion, in cessation of services hereunder until payment of <br />all outstanding charges has been made. A charge of seventeen percent (17%) <br />on supplies and eight percent (8%) on capital equipment shall be added to the <br />cost of each such purchase, respectively, as reimbursement for Sequoia <br />District's administrative costs, except for instances where such charge is <br />included in the warehouse catalog price or standard supply order list. <br />5. NO SEPARATE AGENCY. No separate agency or entity is created <br />by this agreement. <br />6. AMENDMENTS. This agreement may be amended or modified <br />by written agreement approved by the governing bodies of City and Sequoia <br />District in the same manner as this agreement. <br />7. DEFENSE. INDEMNIFICATION. Sequoia District shall defend, <br />hold harmless, and indemnify City, its Council, officers, employees, and agents, <br />from and against any and all claims for injuries or damage to persons and/or <br />property which arise out of its performance or omissions to perform its duties <br />and obligations hereunder or which result from the negligent acts or omissions <br />hereunder of Sequoia District, its governing Board, officers, employees or <br />agents. <br />City shall defend, hold harmless, and indemnify Sequoia District, its <br />governing Board, officers, employees and agents from and against any and all <br />claims for injuries and/or damages to persons and/or property which arise out its <br />DES: mg9 <br />April 9, 1996 <br />Mise.Disk/ Agrmt-1 3 <br /> ~ <br /> ._K_. <br />