|
REV: 11-29-2021 MI
<br />this Agreement and make those records available to the other Party. The Parties shall retain
<br />such records for three (3) years after the termination of this Agreement.
<br />12. Term. This Agreement shall be effective on the date set forth in the first paragraph of this
<br />Agreement. Either Party may terminate this Agreement for default by the other Party, if
<br />the defaulting Party fails to cure the default within ninety (90) days from the date of the
<br />written notice of the default, or such longer period as may be agreed to by both Parties.
<br />13. Water Quantity, Quality and Pressure Neither the City nor Cal Water make any
<br />representation or warranty of any kind regarding the quantity, quality or pressure of water
<br />available at any time through the Interconnection; provided, however, that all water shall
<br />be in full compliance with the California State Water Resources Control Board’s Division of
<br />Drinking Water requirements applicable at the time of use. Requestor shall independently
<br />verify the quality of water entering its system and ensure that the interaction of the water
<br />sources does not cause water quality issues.
<br />14. Indemnity.
<br />A. Indemnification of Cal Water. To the extent permitted by law, the City agrees to
<br />protect, defend, hold harmless and indemnify Cal Water, its officers, employees,
<br />contractors and agents from and against any claim, injury, liability, loss, cost, and/or
<br />expense or damage, including all costs and reasonable attorney’s fees in providing
<br />a defense to any claim arising therefrom, to the extent arising from City’s negligent,
<br />reckless or wrongful acts, errors, or omissions with respect to or in connection with
<br />the maintenance, assistance and services performed by City pursuant to this
<br />Agreement, except for claims, liabilities and damages caused by Cal Water’s
<br />negligence or willful misconduct.
<br />B. Indemnification of City. To the extent permitted by law, Cal Water agrees to protect,
<br />defend, hold harmless and indemnify the City, its boards, committees, commissions,
<br />officers, employees, contractors and agents from and against any claim, injury,
<br />liability, loss, cost, and/or expense or damage, including all costs and reasonable
<br />attorney’s fees in providing a defense to any claim arising therefrom, to the extent
<br />arising from Cal Water’s negligent, reckless or wrongful acts, errors, or omissions
<br />with respect to or in connection with the design, construction, maintenance,
<br />assistance and services performed by Cal Water pursuant to this Agreement, except
<br />for claims, liabilities and damages caused by City’s negligence or willful misconduct.
<br />15. Assignments and Successors in Interest. The parties bind themselves, their successors,
<br />assigns, executors, and administrators to all covenants of this Agreement. Neither party
<br />shall assign or transfer this Agreement or any part thereof, either voluntarily or by
<br />operation of law, without the prior written approval of the other party.
<br />16. Integrated Document Totality of Agreement. This Agreement constitutes the entire
<br />contract between Cal Water and the City relating to the subject matter hereof and
<br />ATTY/AGR.2021.309/California Water Service (Page 5 of 14)
|