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<br />b. Manner of Payment. The Agency and the District agree that the District shall debit <br />sewer service charges collected by the District , which have not yet been remitted to <br />the Agency pursuant to paragraph 2.10 herein for aforesaid charges for billing and <br />collection costs, and other charges set forth in this Agreement. Any unpaid and <br />overdue sum owing to the District by the Agency shall be paid by the Agency to the <br />District within thirty (30) days following billing by the District. Checks should be <br />made payable to East Bay Municipal Utility District, P.O. Box 24055, Oakland, CA <br />94623. <br /> <br /> <br />3.2. Liaison by the Agency with District. The Agency shall designate a representative for <br />liaison with the District to cooperate in the handling of disputed accounts and other <br />matters arising under the administration of this Agreement. The District will make <br />available to the Agency upon request District records pertinent to the billing and <br />collection of the Agency's sewer service charges. <br /> <br />3.3. Confidentiality of Records. The Agency acknowledges that District records pertaining <br />to individual customers may be protected by a constitutional right of privacy or may <br />contain proprietary information. The Agency agrees to limit access to data furnished to <br />the Agency pursuant to this Agreement and not to make such data available for public <br />inspection unless required by law to make disclosure. The Agency shall inform the <br />District prior to making such disclosure. Subject to these limitations, the District agrees <br />to furnish customer account data to the Agency solely for the intended purpose of this <br />Agreement. The Agency agrees that the only use it shall make of such data shall be for <br />development and substantiation of sewer service charges. <br /> <br />3.4. Liability of the Agency. The Agency agrees to indemnify, defend and hold harmless the <br />District, its board, officers, employees and agents from and against any and all loss, <br />liability, expense, claims, costs, suits, damages, including attorney's fees or demands of <br />whatever character, direct or consequential, arising from the billing or collection of the <br />Agency's sewer service charge or from the furnishing of customer account data to the <br />Agency, except to the extent attorney's fees or demands of whatever character, direct or <br />consequential, arising from the billing or collection of the Agency's sewer service <br />charge or from the furnishing of customer account data to the Agency, except to the <br />extent caused by the sole negligence or willful misconduct of the District, its officers, <br />agents and employees. The Agency agrees that the District may itself defend, at its own <br />election, any such actions brought against the District arising out of the billing or <br />collection of such sewer service charge, and the Agency agrees to indemnify the District <br />against any judgments or damages for which the District may be found to be liable in <br />such action or actions and to reimburse the District for any costs incurred, including <br />attorney's fees, arising from the defense of such actions. In the event action is brought <br />against the Agency, or it is joined therein, the Agency shall provide its own defense at <br />the sole cost and expense of the Agency. <br /> <br />3.5. Waiver. The waiver by either party of a breach by the other of any provision of this <br />Agreement shall not constitute a continuing waiver or a waiver of any subsequent <br />breach of either the same or a different provision of this Agreement. <br /> 7