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9 INTERRUPTION OF DELIVERY/UTILIZATION OF SERVICE <br />9 1 If there is a major area -wide catastrophic event which affects the emergency needs <br />for both entities, they will operate the interne to best protect the public safety and welfare of all <br />citizens If the performance by either party is prevented or delayed by any of the following, such <br />party shall have a reasonable period of time after each such event to begin performance under <br />this Agreement. <br />9 1 1 Acts of God, fire, stoiius, earthquake or similar cataclysmic occurrence, or <br />9 1.2 Orders by regulatory bodies or courts, or <br />9 1.3 Unanticipated system supply upsets and equipment malfunctions beyond <br />the reasonable control of HWD or the City <br />10 APPROVAL THROUGH SEATTLE PUBLIC UTILITIES <br />10 1 This AGREEMENT is contingent upon written approval by the Seattle Public <br />Utilities This Agreement will expire upon expiration of the current Water Purvey Contract <br />between the City or HWD and Seattle Public Utilities (formerly Seattle Water Department) and <br />shall be subject to any amendments made to such Water Purveyor Contract. <br />11 DISPUTES <br />11 1 Each party shall negotiate in good faith and use its best efforts to resolve any <br />dispute which may develop hereunder If a dispute cannot be resolved by the project <br />representatives of each party, it shall be referred for further negotiation to the Highline Water <br />District Manager and the City of Tukwila Public Works Director Only upon failure to resolve <br />the dispute through such negotiations may either party institute legal action. Venue for any such <br />legal action shall be in King County, Washington. <br />12. INDEMNIFICATION <br />12 1 To the maximum extent permitted by applicable law, each party shall protect, <br />indemnify, defend and hold harmless the other party, respectively, its employees, agents, <br />contractors, subcontractors, officers, directors, attorneys, successors and assigns, from and <br />against any and all liabilities, damages, penalties, claims, demands, judgments, losses, harm, <br />costs, expenses, suits or actions, including but not limited to employees, contractors, <br />subcontractors, officers, directors, attorneys, successors or assigns, ansing out of or in <br />connection with or as a result of this Agreement or the performance by the indemnifying party of <br />any of its obligations hereunder <br />