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4.4 Capital Expenditures. CITY shall pay all Capital expenditures. Capital expenditures are defined, for purposes of AGREEMENT, to include expenditures for Capital Maintenance, as defined, Repairs or Replacements and non-routine expenditures for the purchase of new equipment or other FACILITY items, usually preplanned, which significantly extend service life, and which are determined to be capital expenditures in accordance with generally accepted accounting principles. Unless caused by Force Majeure (as hereinafter defined) in order to considered a Capital Expenditures, the item or repair will cost Two Thousand Dollars ($2000.00) or more. 7-H will provide CITY reasonable justification for Capital expenditures, prior to acquisition and after CITY approval. 7-H will submit, upon request, documentation of the cost effectiveness of "repair vs. replace" Capital expenditures decisions made by 7-H. 4.5 Extraordinary Costs. CITY agrees to pay increased in maintenance expense, repair costs or other expenses resulting from extraordinary or unusual occurrences associated with Force Majeure ( as hereinafter defined). 4.6 Existing Records and Plans. The CITY shall, to the extent possible, provide 7- H with the following documents at the commencement of this agreement; a. One complete set of all new or changed sewer systems installed during the past three (3) years from the date of this AGREEMENT. 5.0 INDEMNITY AND LIMITATIONS 5.1 Indemnity. Except s otherwise set forth in AGREEMENT, 7-H hereby agrees to, and shall indemnify and hold harmless CITY, its elective and appointive boards, officers, agents and employees from any claim. Loss. Liability, damage, injury, or expense, including attorney's fees which arise from 7-H's intentional, willful or negligent operations under AGRREMENT, whether such operations by 7-H or any 7-H employee, officer, agent, or subcontractor of 7-H. 7-H's duty to indemnify shall be limited to the comparative fault of 7-H or it agents for such liability. 5.2 Abnormal Conditions. Notwithstanding Section 3.7, Effluent Criteria or any other provisions of the AGREEMENT, should FACILITY loading exceed FACILITY design parameters, or should influent contain abnormal, toxic or other substances which cannot be removed or treated by the existing FACILITY, or contain discharges which violate the applicable CITY sewer ordinances, and Order No. , 7-H will use its best efforts to maximize plant performance, but shall not be held responsible for associated effluent violation characteristics or damages, fines, penalties, or claims of any kind resulting therefrom. 5.3 Force Majeure. 7-H shall not be deemed to be default of this AGRREMENT or liable for any violations, if performance of the obligations 7-H Technical Services Group Contract for Operation and Maintenance Services Page 10 of 12