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sr;- CITY OF SAN MARCOS, TEXAS Supplemental Electric Service Agreement Page 8 5.12 The City assumes no legal obligation or responsibility for the inspection or maintenance of the Customer's equipment or wiring and the Customer agrees to reimburse the City for any and all damages to City equipment or property arising, in any form or manner, directly or indirectly, rrom Customer's operation of the Facility in parallel with the City System. ARTICLE VI OTHER CONDITIONS 6.1 The Customer agrees to protect, indemnify and hold the City, its elected officials, officers, directors, agents and employees, free and harmless from and against any and all claims, demands and causes of action or every kind and character occurring in connection with or arising out of the performance of, or failure to perform, this Agreement (including the amounts of judgments, penalties, interest, court còsts and .. legal fees incurred by the City, its elected officials, officers, directors, agents and employees, in defense of same) arising in favor of governmental agencies or third parties whomsoever (including without limitation, any officers, directors, agents and employees of the Customer, or anyone claiming through the Customer) on account of personal injuries, death or damages to property, economic loss and, without limitation by enumeration, all other claims, demands, or causes of action of every character whatsoever. 6.2 In addition to, and not excluding any remedy provided in this Agreement, it is agreed that if the Customer rails to perform any of its obligations under this Agreement; including the prompt payment of monthly bills, the City may interrupt, curtail, suspend or terminate service under this Agreement. In such event, the City shall not be liable to the Customer in any manner for loss by or damage arising from such suspension; provided, however, that the City shall specifically notify the Customer in writing of such failure by sending a termination notice at least thirty (30) days prior to such suspension of delivery of service under this Agreement. No delay by either Party in enforcing any of its rights under this Agreement, and no waiver of any right to enforce any breach of this Agreement, shall be deemed a waiver of such rights; nor shall any waiver by either Party or any delay by the other Party be deemed a waiver of any other or subsequent default, all rights and options provided in this Agreement to the benefit of either Party being continuing to the end. The failure to exercise any such right or option shall not be construed as waiving the right or option upon any subsequent delay or breach whether of like or different character. -