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SECTION 4: SUSPENSION OF SERVICE
<br /> 4.1 The partial or complete provision of potable water service under this agreement may be
<br /> suspended by Pleasanton at any time due to water supply or water distribution issues that
<br /> jeopardize adequate potable water service within Pleasanton's water service area, or acts of God
<br /> and similar force majeure conditions, including but not limited to conditions of severe multi-year
<br /> drought, or groundwater pumping restrictions or prohibitions imposed by State or regional
<br /> authorities.
<br /> 4.2 A notice of suspension shall be in writing to DERWA and the DSRSD Operations
<br /> Manager. The notice shall provide the reasons for the suspension and an estimate of the duration
<br /> of the suspension.
<br /> 4.3 Pleasanton shall keep DERWA informed of progress during the suspension, on a schedule
<br /> to be agreed upon by Pleasanton and DERWA.
<br /> 4.4 Pleasanton shall provide DERWA and the DSRSD Operations Manager written notification
<br /> when the suspension of service is lifted.
<br /> SECTION 5: INDEMNIFICATION
<br /> In performance of this Agreement, each Party and its agents, employees, and contractors shall act
<br /> in an independent capacity and not as officers, employees, or agents of any other Party. Except
<br /> as otherwise declared herein, no Party assumes any liability for the activities of any other Party
<br /> in performance of this Agreement. Each Party is responsible in proportion to its fault for
<br /> liability, including but not limited to personal injury or property damage that may arise out of
<br /> this Agreement, except to the extent such injury, damage, or loss was caused by the sole
<br /> negligence or willful misconduct of the other Party, or its elected officials, officers, agents, or
<br /> employees. Each Party expressly agrees to defend, indemnify, and hold harmless any other Party
<br /> and its elected officials, officers, agents and employees from and against any and all loss,
<br /> liability, expense, claims, suits, and damages, including attorneys' fees, arising out of or
<br /> resulting from the first Party's, its elected officials', officers', agents', and employees' negligent
<br /> acts, errors or omissions, or willful misconduct, in its performance under this Agreement.
<br /> Each Party shall be responsible for any adverse impacts to its own customers that may result
<br /> from the operation or performance of this Agreement, except as arising out of or resulting from
<br /> the negligent acts, errors or omissions, or willful misconduct of any other Party, its elected
<br /> officials', officers, agents, and employees.
<br /> Each Party shall exercise reasonable care in the performance of its obligations and rights under
<br /> this Agreement, particularly with regard to the facilities and operations, of other Parties to this
<br /> Agreement.
<br /> SECTION 6: BREACH: CURE, OR EXCUSED
<br /> Neither Party shall be in default or breach of this Agreement unless a Party fails to cure any
<br /> failure to timely perform its obligations hereunder within 30-days after receiving written notice
<br /> of same from the other Party; provided, however, that if the failure cannot reasonably be cured
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