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<br />City/Elim Agreement <br />Page 2 <br /> 8. If Elim intends to use the interconnection, except pursuant <br />to paragraph 7 above, Elim shall notify the City 's Director of <br />Environment and Engineering prior to each occurrence, and if he is <br />unavailable, then Elim shall notify the City's police department. <br /> 9. The City shall not be responsible or liable for any costs, <br />expenses or damages arising from this agreement. <br /> 10. Elim hereby agrees to protect, defend, indemnify and hold <br />City and its employees, agents, officers and servants free and harmless <br />from any and all losses, claims, liens, demands, and causes of action <br />of every kind and character including, but not limited to, the amount <br />of judgments, penalties, interests, court costs, legal fees, and all <br />other expenses incurred by City arising in favor of any party, <br />including claims, liens, debts, personal injuries, including employees <br />of City, death or damages to property (including property of City) and <br />without limitation by enumeration, all other claims or demands of every <br />character occurring, resulting, or arising from any negligent or <br />intentional wrongful act, error or omission of Elim or its agents or <br />employees , "E~ +c --"l,S Ccw~AGT, AAH t' <br />SIGNED: <br />THE CITY OF SAN MARCOS <br /> tonzales, <br />BY: City Manager <br />SIGNED: <br />ELIM WATER COMPAIiY, INC. <br />~An~re£~ <br /> <br />DATE OF CONTRACT: March 25 1986. <br /> , <br />