AZ vs. CA:10 California Exhibits, Vol. X; Nos. 458-528

page 8

7. The District will hold the Government, its officers, agents and employees, and the Authority and its officers, agents and employees, harmless from any and all damages or liabilities directly or indirectly resulting from the operation of the Aqueduct System by the District; provided, however, that the District shall not be liable for any damages which may result to the parties hereto, or other parties, by reason of any defect in design or construction of the Aqueduct System or any part thereof. The Authority will hold the District, its officers, agents and employees harmless from any and all damages or liabilities directly or indirectly resulting from the operation by the Authority of the Aqueduct and the Second Barrel southerly of the point of delivery established by said Resolution No. 3612. 8. All structures, buildings, roads, telephone lines and other facilities necessary or convenient to the operation of the Aqueduct System, as determined by the District, may be placed on the right of way of the Aqueduct System by the District. All such facilities so constructed shall remain the property of the District and may be removed at the option of the District, provided that no injury to Government property shall result from such removal. 9. In operating, maintaining, repairing and replacing the Aqueduct prior to the completion of the Second Barrel, the District shall act in such manner as not to interfere with or obstruct the work of contractors or employees of the Government, or any department or agency thereof, engaged in the construction of the Second Barrel, or of the Government and its agents and employees in supervising such construction.