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31. Section 9. 1. 1 is amended by adding at the end of the Section: In the event that Sempra shall fall to provide either such statement, or the appropriate work papers by the 22nd of the following month, Colton shall be entitled to withhold 10% the fixed monthly fee for that month until the next regular payment due date after the statement and working papers are received. Sempra will bill its 50% share of savings quarterly on the 22nd of January, April, July, and October. In the event that the due date for the statement and work papers falls on a Sunday or Monday holiday, the due date shall be the following business day, 32. Section 9.1.2 of the Agreement is hereby amended by deleting reference to Section 8.3 and by adding the following at the end of the Section: In the event that payment due dates is not a Business Day, (a) if such day falls on a Sunday or Monday, payment is due on the next Business Day, or (b) if such day does not fall on a Sunday or Monday, payment is due on the preceding Business Day. 33. Section 9.1.3 is amended by deleting reference to Section 8.4 and by deleting the words "not later than' on the third line and "pursuant to Section 8.4 hereof' on the sixth line. 34. Section 9.2 of this Agreement is hereby deleted in its entirety. 35. Section 16 of the Agreement is hereby amended to read in its entirety as follows: 16. INDEMNIFICATION: Each Party shall defend, indernnif� and hold the other its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omission or willful misconduct of the indemnifying party, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the Agreement or the Assignment and Assumption Agreement, including without limitation the payment of all attorneys fees and other related costs and expenses. Notwith- standing the foregoing, in no event shall either party be liable to the other party for consequential, incidental, punitive, exemplary or indirect damages in tort, for contract or otherwise. 36.Sections 18.1 and 18.2 of the Agreement are hereby deleted in their entirety. 37. The representative appointed in Section 18.3 of the Agreement is changed to Peter tA&w\&wign\co1on 5