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<br />7.3 hereof, ending May 31, 2007. Thereafter such Agreement shall be automatically renewable for <br /> <br /> <br />additional one (1) year terms, unless either party provides written notice to the other party of intent to <br /> <br /> <br />negotiate a new contract, such notice to be given at least ninety (90) days prior to the end date of the <br /> <br />then current term. Thereafter, a new service contract will be negotiated, provided this Agreement shall <br /> <br />remain in full force and effect for a period not to exceed twelve (12) months or until a new contract is <br /> <br />negotiated, whichever event occurs first. If a new contract is not negotiated as provided herein, the rate <br /> <br />charged for water shall be as established in the CITY's current rate ordinance for non-residential <br /> <br />customers. <br /> <br />9.4 No officer, official or agent of the CITY or CAMPBELL, has the power to amend, modify <br /> <br /> <br />or alter this Agreement or waive any of its conditions or to bind the CITY, or CAMPBELL, by making <br /> <br /> <br />any promise or representation not contained herein. <br /> <br /> <br />9.5 This Agreement, except by operation of law, shall not be assigned or transferred by either <br /> <br /> <br />party, without the prior written consent of the other party. <br /> <br /> <br />9.6 The CITY will not be responsible in damages for any interruption or failure to supply water <br /> <br />and shall be saved and held harmless from all damage of any kind, nature and description which may <br /> <br />arise as a result of making this Agreement and furnishing water hereunder, except where the CITY has <br /> <br />the ability to supply the water and refuses to do so or where the CITY has failed to abide by any of its <br />obligations under this Agreement. <br /> <br />9.7 Any written notice required or permitted under the terms of the Agreement shall be given and <br /> <br /> <br />be deemed to have been duly served if either (1) delivered in person (including reputable overnight <br /> <br /> <br />courier service), or (2) deposited certified mail, return receipt requested, postage prepaid in the United <br /> <br /> <br />States mail, addressed to the designated representative of the respective parties which are designated as <br /> <br />follows: <br /> <br />Water Purchase Contract - Page 10 <br />