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restricted to, acts of God, acts of war, or criminal acts of others, acts of Contractor or <br /> M&I Contractors, water shortages, drought, regulatory constraints, fires, floods, <br /> earthquakes, epidemics, quarantine restrictions, strikes, or failure or breakdown of <br /> transmission or other facilities including but not limited to State Water Project facilities <br /> outside the Zone 7 service area. <br /> 43. Liabilities & Indemnification <br /> In performance of this Agreement, each Party, its agents, employees, and contractors, <br /> shall act in an independent capacity and not as officers, employees, or agents of any <br /> other Party. No Party assumes any liability for the activities of any other Party in <br /> performance of this Agreement. Each Party shall be responsible for any adverse impacts <br /> to, or complaints from, its own customers that may result from the operation or <br /> performance of this Agreement, except as arising out of or resulting from the negligent <br /> acts, errors or omissions, or willful misconduct of the other Party, their associates, <br /> employees, sub-consultants, or other agents. <br /> Contractor assumes liability for treated water delivered under this Agreement when <br /> water is delivered to the turnout or other connection point to Contractor's water <br /> delivery system. Accordingly: <br /> (a) Contractor shall indemnify, save and hold harmless Zone 7 and its officers, <br /> agents, and employees (collectively, "Zone 7") from damages or claims of damages <br /> associated with the control, carriage, handling, use, disposal, or distribution of <br /> treated water after such water has passed through the turnout facility, including <br /> but not limited to property damage, personal injury or death, except such claims <br /> arising from the negligence or willful misconduct of Zone 7. Contractor shall further <br /> indemnify, save and hold harmless Zone 7 from any and all obligations, liability, <br /> responsibility, costs, expenses, or fees associated in any way with any Contractor's <br /> acquisition, delivery, or use of Alternate Supply pursuant to this Agreement. <br /> (b) Zone 7 shall indemnify, save and hold harmless the Contractor and its officers, <br /> agents, and employees from damages or claims of damages associated with the <br /> control, carriage, handling, use, disposal, or distribution of treated water before <br /> such water has passed through the turnout facility, including but not limited to <br /> property damage, personal injury or death, except such claims by Zone 7 for costs <br /> of repair of Zone 7's facilities or other damages resulting from the operations of <br /> Contractor, or claims arising from the negligence or willful misconduct of <br /> Contractor. <br /> 44. Renewability <br /> This contract may be renewed upon the mutual consent of the parties hereto. If no <br /> such renewal shall take place and in the absence of any new contract, Zone 7 shall <br /> nevertheless continue delivery to Contractor in accordance with this contract, that <br /> 17 <br />