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9.3: The rates set by OCWD for Reclaimed Water <br />service to local retail water purveyors and End Users shall be <br />set in its sole discretion. <br />Section 10: Term and Amendments. <br />10.1: The term of this Agreement shall be for <br />twenty-five (25) years. <br />10.2: This Agreement may only be amended by the <br />mutual written agreement of the parties. <br />Section 11: Hold Harmless and Liability. <br />OCWD agrees to hold MWD, CMWD, MWDOC, and SA harmless <br />from any and all liability including, but not limited to, <br />liability due to water quality, which may arise out of the <br />construction, operation or ownership of the Project, and will <br />save and defend MWD, CMWD, MWDOC, and SA and their officers, <br />agents, and employees free from any claims for injury, <br />including death or damage to property, or injury (including <br />death or damage) due to water quality, arising out of the <br />construction, operation or ownership of the Project. Such <br />indemnity shall include all loss related to any claim made, <br />whether or not a court action is filed, and shall include <br />attorney fees, administrative and overhead costs, engineering <br />and consulting fees, and all other costs related to or arising <br />out of such claim of liability. <br />Section 12,: Notice. <br />Any notice, payment or instrument required or <br />permitted to be given hereunder shall be deemed received upon <br />-14- <br />