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r. <br /> other maintenance performed by the City on its water system or <br /> those parts of the system supplying the District. <br /> 11. Force Majeure and Changes in Law. None of the parties hereto <br /> shall be considered to be in default in respect to any obligations <br /> hereunder if prevented from fulfilling such obligations due to <br /> conditions beyond their reasonable control or due to changes in state <br /> or federal law. If a party is unable to perform in whole or in part <br /> because of such condition or change in the law, the party shall <br /> diligently and promptly take reasonable steps to allow it to perform. <br /> 12. Construction, Operation and Maintenance of Capital <br /> Improvements. At its sole cost and expense, the District shall <br /> construct or cause to be constructed all capital improvements to its <br /> water system necessary to implement this agreement. The District shall <br /> maintain and repair such capital improvements. All construction, <br /> maintenance and repairs shall strictly comply with any standards <br /> approved by the Washington State Department of Health as <br /> appropriate. By separate agreement, the District will contract with the <br /> City for operation of the Clearview pump station. The District shall <br /> annually provide to the City a water system report to include number of <br /> customers, peak use related to its Clearview partners and other <br /> information as reasonably required by the City to optimize operations. <br /> 13. Legal Relations <br /> A. Each party shall defend, hold harmless, and indemnify the other <br /> from any and all claims, demands, suits, and judgments arising <br /> out of its conduct. If, and to the extent, the parties are both liable <br /> to a third party claimant, each party shall be responsible to the <br /> extent of its fault, and shall defend, hold harmless, and indemnify <br /> the other for its fault. <br /> B. Notwithstanding any other provision of this Agreement, neither <br /> the District nor the City shall be liable to the other for indirect, <br /> incidental, special, exemplary or consequential damages, <br /> including but not limited to damages for lost revenues or <br /> benefits, even if such party has been advised of the possibility or <br /> existence of such damages <br /> 14. No joint Venture. This Agreement describes the entire relationship <br /> of the parties with regard to the subject matter herein concerned. <br /> Except as maybe explicitly provided otherwise herein, the Parties are <br /> independent agencies and shall not be deemed to be partners, joint <br /> ventures, principals, or agents of each other for any purpose <br /> to 1 <br />