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12. INDEMNITY <br />NOTICES <br />12 1 The Buyer under this Agreement agrees that it will indemnify, defend and hold <br />harmless the Seller its officers, agents, contractors and employees harmless from and against any <br />and all liability, damages, penalties or judgements (including without limitations, attorneys fees) <br />for injury to persons or property sustained as a result of the Buyer using Seller s water pursuant <br />to this Agreement. Seller, its officers, agents, contractors and employees shall not be responsible <br />or liable for any damage to any persons or property including any injury to Buyer or to any of <br />Buyer s officers, agents, employees, contractors, customers, or assignees. Buyer's duty to defend <br />and indemnify Seller its officers, agents, contractors and employees shall not apply to liability <br />for damages arising out of injury to persons or damage to property caused by or resulting from <br />the sole negligence of Seller or Seller s officers, agents, contractors and employees Buyer's duty <br />to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to <br />property caused by or resulting from the concurrent negligence of (a) Seller or Seller's officers <br />agents, contractors, or employees, and (b) Buyer or Buyer's officers, agents, contractors or <br />employees, shall apply only to the extent of the negligence of Buyer or Buyer's officers, agents, <br />contractors or employees <br />13 TERMINATION <br />14 <br /> <br />13 1 The parties herein may terminate this Agreement as follows <br />13 1 1 On 60 days' advance written notice, for changed conditions occurring <br />during the operation of the interne as to which the parties cannot <br />renegotiate or resolve their disagreement as provided in Section 11 <br />13 1 2 On 40 days written notice to the other party, for a substantial and material <br />breach of this Agreement and following a reasonable opportunity to cure <br />such breach if it is curable such notice shall specify the breach claimed <br />and the failure of the other party to cure it despite reasonable opportunity <br />to do so <br />13 1 3 If either party ceases to buy water directly from Seattle, this agreement <br />shall remain in effect until a new rate methodology can be renegotiated. <br />14.2 Any notice, order, directive, request or other communication by either party shall <br />be directed to the following persons, or their designated successors <br />General Manager <br />Highhne Water District <br />23828 30th Avenue S <br />Kent, WA 98032 <br />(206) 824 -0375 <br />Public Works Director <br />City of Tukwila <br />6300 Southcenter Blvd. Suite 100 <br />Tukwila, WA 98188 <br />(206) 433 -0179 <br />