Agmt 2002 East Bay Municipal Utility District EBMUD

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District records pertinent to the billing and collection of the Agency's sewer service charges. The District shall not make available to the Agency individual customer records or groups of such records except as described elsewhere in this Agreement. 3.04 Confidentiality of Records. The Agency acknowledges that District records pertaining to individual customers may be protected by a constitutional right of privacy or may contain proprietary information. Agency agrees to limit access to data furnished to the Agency pursuant to this Agreement and not to make such data available for public inspection unless required by law to make disclosure. Agency shall inform District prior to making such disclosure. Subject to these limitations, the District agrees to furnish customer account data to Agency solely for the intended purpose of this Agreement. Agency agrees that the only use it shall make of such data shall be for development and substantiation of sewer service charges. Failure by the Agency to comply with the provisions of this paragraph shall entitle the District to terminate this Agreement upon fifteen (15) days written notice to the Agency. 3.05 Liability of the Agency. The Agency agrees to indemnify, defend and hold harmless the District, its board, officers, employees and agents from and against any and all loss, liability, expense, claims, costs, suits, damages, including attorney's fees or demands of whatever character, direct or consequential, arising from the billing or collection of the Agency's sewer service charge, however, this indemnification shall not extend to negligent or reckless conduct of the District, its board, officers, employees and agents. The Agency agrees that the District may itself defend, at its own election, any such actions brought against the District arising out of the billing or collection of such sewer service charge, and the Agency agrees to indemnify the District against any judgments or damages for which the -14-