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

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(9) Upon written acceptance by the Authority, acting through its General Manager and Chief Engineer, of any section of the Second Barrel, the Authority shall have the right of use thereof as a part of its water system, and thereupon the Authority shall become, and be, obligated: (a) to pay for costs and expenses of operation, maintenance and repair of each section so accepted, regardless of the cause of loss or damage, except that pending final completion, inspection and delivery of the entire completed Second Barrel pursuant to Supplemental Agreement No. 4, the Authority shall not be obligated to and shall not assume or make repairs or replacements covered by pending governmental construction contracts; (b) to hold the Government, its officers, agents or employees, harmless from any and all damages or liabilities directly or indirectly resulting from the possession or operation of such accepted sections of the Second Barrel by the Authority; (c) to use such accepted sections of the Second Barrel and to distribute any water available therefrom subject to the conditions, covenants and agreements respecting the use by the Authority of the Aqueduct and Second Barrel and the distribution by the Authority of the water transported thereby, as set forth in said Contract NOy-13300 and the agreements supplemental thereto, and particularly as set forth in said Supplemental Agreement No. 4. (10) The Authority shall have the right to arrange with The Metropolitan Water District of Southern California for the use, operation or maintenance by said Metropolitan Water District of the portions of all sections of the Second Barrel accepted by the Authority under and