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<br />hereto, such party shall be relieved of the consequences thereof, <br /> <br /> <br />and there shall be no liability for payment on the.p~rt. ~f MJC or <br /> <br />".' .' . <br /> <br /> <br />for fa i 1 u r e to del i v e r pot a b 1 e wa t e r 0 nth e par t 0 f the CITY, <br />notwithstanding any other provision of this Agreement, so long as <br />and to the extent that performance is prevented by such cause; <br /> <br />provided, however, that the parties shall use all due diligence <br />in their efforts to resume performance at the earliest practical <br /> <br />time. <br /> <br />9.2. This Agreement shall be in force and effect through <br /> <br />September 30, 2000. <br />9.3. No officer, official or agent of the CITY has the power <br /> <br />to amend, modify or alter this agreement or waive any of its <br /> <br />conditions or to bind the CITY by making any promise or <br /> <br />representation not contained herein. <br /> <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 <br /> <br />furnishing water hereunder, except where the CITY has the ability <br />to supply the water and refuses so to do. <br /> <br />9.6. Any written notice required or permitted under the <br /> <br />terms of this Agreement shall be given and be deemed to have been <br /> <br /> <br />du ly served if either (1) de 1 i vered in per son, or (2) depos i ted <br /> <br />certified mail, return receipt requested, postage prepaid in the <br /> <br />-8- <br />