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