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substantially succeed in the water application for the permitting of a 200 cfs water right(water <br /> right application No. 13219, dated 15 December 1954). <br /> 9. Construction, Operation and Maintenance of Capital Improvements. Tulalip shall <br /> construct or cause to be constructed all capital improvements to its water system and shall <br /> individually own all capital improvements downstream from the points of delivery. Tulalip shall <br /> assume exclusive responsibility for the operation,maintenance and repair of the same; all <br /> construction, operation, and maintenance and repairs shall be in strict compliance with standards <br /> approved by the US Public Health Service as relevant and applicable regulatory Washington <br /> State Department of Health authority. <br /> Tulalip shall annually provide to Everett a water system report to include number of <br /> customers,peak use and other information useful in optimizing joint operations. <br /> 10. Continuity of Service. <br /> A. Continuity of service to Tulalip shall be maintained by Everett in the same <br /> manner as service to the Everett's businesses and residences. In the event of a general emergency <br /> or water shortage affecting the Everett Water Supply System requiring restrictions on the <br /> delivery of water, general restrictions placed upon deliveries to Tulalip shall be determined by a <br /> similar method to that used for restricting deliveries to Everett's retail consumers. In the event of <br /> localized emergency problems,temporary service interruptions may result. <br /> B. It is recognized by both parties that emergency conservation measures may <br /> have to be implemented by Everett on a regional basis in order to meet an emergency condition. <br /> Tulalip shall assist and support such emergency conservation measures. <br /> C. Everett shall provide oral and electronic mail notice to Tulalip, and may <br /> temporarily interrupt or reduce deliveries of water to Tulalip, if Everett determines that such <br /> interruption or reduction is necessary or reasonable in case of system emergencies or in order to <br /> install equipment,make repairs,replacements, investigations and inspections or perform other <br /> maintenance work on Everett's water system or those parts of the system supplying Tulalip. <br /> Except in cases of emergency, and in order that Tulalip's operations not be unreasonably <br /> interfered with,Everett shall give Tulalip reasonable written notice of any such interruption or <br /> reduction,the reason therefore, and the probable duration thereof.Any such service interruption <br /> shall be for the shortest possible period in order that the public health and welfare of Tulalip is <br /> not jeopardized. <br /> 11. Indemnity. <br /> A. Nothing herein shall be interpreted to create indemnity or cross indemnity <br /> agreements between the parties. In the event of claim, loss or liability alleged to have arisen out <br /> of the ownership or operation of Everett's water supply system or Tulalip's water supply facilities, <br /> 5 <br />