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<br />the CITY, notwithstanding any other provision of this Agreement, <br />so long as and to the extent that performance is prevented by <br />such cause; provided, however, that the parties shall use all due <br />diligence in their efforts to resume performance at the earliest <br />practical time. <br />9.2 This Agreement shall be in force and effect through <br />September 30, 2003. <br />9.3 No officer, official or agent of the CITY has the power <br />to amend, modify or alter this agreement or waive any of its <br />conditions or to bind the CITY by making any promise or represen- <br />tation not contained herein. <br />9.4 This Agreement, except by operation of law, shall not <br />be assigned or transferred by either party, without the prior <br />written consent of the other party. <br />9.5 The CITY will not be responsible in damages for any <br />interruption or failure to supply water and shall be saved and <br />held harmless from all damage of any kind, nature and description <br />which may arise as a result of making this agreement and furnish- <br />ing water hereunder, except where the CITY has the ability to <br />supply the water and refuses so to do or where the CITY has <br />failed to abide by any of its obligations under this agreement. <br />9.6 Any written notice required or permitted under the terms <br />of this Agreement shall be given and be deemed to have been duly <br />served if either (1) delivered in person, or (2) deposited <br />certified mail, return receipt requested, postage prepaid in the <br /> <br />-8- <br />