DERWA DSRSD EBMUD - WATER SUPPLY

SECTION 4: SUSPENSION OF SERVICE 4.1 The partial or complete provision of potable water service under this agreement may be suspended by Pleasanton at any time due to water supply or water distribution issues that jeopardize adequate potable water service within Pleasanton's water service area, or acts of God and similar force majeure conditions, including but not limited to conditions of severe multi-year drought, or groundwater pumping restrictions or prohibitions imposed by State or regional authorities. 4.2 A notice of suspension shall be in writing to DERWA and the DSRSD Operations Manager. The notice shall provide the reasons for the suspension and an estimate of the duration of the suspension. 4.3 Pleasanton shall keep DERWA informed of progress during the suspension, on a schedule to be agreed upon by Pleasanton and DERWA. 4.4 Pleasanton shall provide DERWA and the DSRSD Operations Manager written notification when the suspension of service is lifted. SECTION 5: INDEMNIFICATION In performance of this Agreement, each Party and its agents, employees, and contractors shall act in an independent capacity and not as officers, employees, or agents of any other Party. Except as otherwise declared herein, no Party assumes any liability for the activities of any other Party in performance of this Agreement. Each Party is responsible in proportion to its fault for liability, including but not limited to personal injury or property damage that may arise out of this Agreement, except to the extent such injury, damage, or loss was caused by the sole negligence or willful misconduct of the other Party, or its elected officials, officers, agents, or employees. Each Party expressly agrees to defend, indemnify, and hold harmless any other Party and its elected officials, officers, agents and employees from and against any and all loss, liability, expense, claims, suits, and damages, including attorneys' fees, arising out of or resulting from the first Party's, its elected officials', officers', agents', and employees' negligent acts, errors or omissions, or willful misconduct, in its performance under this Agreement. Each Party shall be responsible for any adverse impacts to its own customers that may result from the operation or performance of this Agreement, except as arising out of or resulting from the negligent acts, errors or omissions, or willful misconduct of any other Party, its elected officials', officers, agents, and employees. Each Party shall exercise reasonable care in the performance of its obligations and rights under this Agreement, particularly with regard to the facilities and operations, of other Parties to this Agreement. SECTION 6: BREACH: CURE, OR EXCUSED 4