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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 /> 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 /> 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 /> 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 /> 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 <br />