25B - AGMT ORANGE COUNTY WATER - Laserfiche WebLink

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JDK:bc: 10/10/88 expenses or damages however caused by reason of any injury (whether to body, property, or personal or business character or reputation) sustained by or to any person or property by reason of any act, neglect, default, or omission of OCWD or any of its agents, employees, or representatives, or caused by reason of the design, construction, operation or maintenance of the Project Facilities, or the distribution and sale to RETAILER for resale purposes herein of Project Water that does not meet the quality standards set forth in Title 22 of the California Administrative Code; provided, however, that OCWD shall not be responsible for the negligent operation, maintenance or repair of the Project Facilities within RETAILER'S service boundaries by RETAILER, the negligent operation, maintenance or repair by RETAILER or any Project Customer or Groundwater Customer of Project Water distribution and storage facilities located on the lands of any Project Customer or Groundwater Customer, and/or the misuse or misapplication of the Project Water on the Project Customer's or Groundwater Customer's side of the Project Water meter by any person, including RETAILER or any Project Customer or Groundwater Customer. If RETAILER is sued in any court for damages by reason of any of the acts for which OCWD is required to indemnify RETAILER in this paragraph 7.1, including but not by way of limitation, damages arising out of a products liability claim, OCWD shall defend said action (or cause same to be defended) at its own expense and shall pay and discharge any and all amounts of judgment that may be 25B-25 -23- EXHIBIT 1