OCR Text |
Show 6 - Protection against Claims and Release by Company The Company shall hold the City and the United States, and their respective officers, agents and employees, harmless from every claim for injuries to persons or damage to property which may arise out of this contract or the water delivery contract, or the receiving, diverting, treating and distribution of domestic water. The Company hereby expressly relieves and releases the United States, its officers, agents and employees, from any liability or responsibility whatsoever for the quality, composition or contents of the water delivered hereunder, or for any lack of fitness of such water for any use thereof intended by the City or other users thereof, either as such water may arrive at the point of delivery or as such water may thereafter arrive downstream at the point of diversion for use by the City. The Company also hereby expressly relieves and releases the United States, its officers, agents and employees, from any liability or responsibility whatsoever for any loss of water delivered hereunder which may occur between the point of delivery and the point of diversion for use by the City. 7 - Interest in Contract Not Transferable It is mutually understood and agreed between the parties hereto that the respective rights of the parties under the terms of this contract, or the water delivery contract, shall not be transferable by either of the parties hereto, provided the Company may, with the written approval of the Secretary of the Interior, assign its rights hereunder to a duly constituted public utility holding a Certificate of Convenience and Necessity authorizing it to distribute domestic water in Yuma and vicinity under the laws of the State of Arizona. As a condition precedent to any such assignment, the assignee public utility must agree to assume, be bound by, and perform all - 5 - |
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Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : |