METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (6)

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THE 1WFTROPOUTAN WATER OlSTRICT OF SOUTHERN CARAORNIA City of Santa Ana -4- interest in any Project facilities, materials, or equipment, nor any rights, duties, or responsibilities for operation or maintenance thereof. Any modifications to Project which may alter the implementation, effectiveness, and/or costs must be agreed to in writing by both parties. 11. Santa Ana and its authorized representatives agree to provide data and information as required by Metropolitan to evaluate Project implementation, costs, and water savings. Metropolitan and Santa Ana will make available for inspection to the other party, upon reasonable advance notice, all records, books, computer files, and other documents relating to Project. 12. Metropolitan may, at its own expense and discretion, provide follow-up analysis and verification of actual results achieved through Project implementation. The Term of this Agreement may be extended at the discretion of Metropolitan. 13. Santa Ana is responsible for assuring that Project complies with requirements of California Environmental Quality Act (CEQA) . 14. Metropolitan and Santa Ana each agrees that it is responsible for its own actions under this Agreement and agrees to indemnify and hold the other party and its officers and agents harmless, and agrees to defend the other party against any claim or asserted liability arising out of its actions, either willful or negligent, or its actions in implementing the Project. Such indemnity will include any losses relating to any claim made, whether or not a court action is filed, and will include attorney fees and administrative and overhead costs related to or arising out of such claim or asserted liability. Santa Ana is responsible for any such actions arising under CEQA. 15. Any written communication required or permitted to be given hereunder will be deemed received upon personal delivery or 48 hours after deposit in any United States mail depository, first class postage prepaid, and addressed to the party for whom intended, as follows: .