Res 2005-127 - Laserfiche WebLink

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ANNEX A TO LETTER OF CREDIT CERTlFICATE FOR DRAWING IN CONNECTION WITH PAYMENT OF AMOUNTS UNDER THE SERVICE CONTRACT Irrevocable Letter of Credit No. The undersigned, a duly authorized representative of the City of San Marcos, Texas (the "Beneficiary"), hereby certifies to [Name of Bank] (the "Bank"), with reference to Irrevocable Letter of Credit No. _ (the "Letter of Credit"; terms defined therein and not otherwise defined herein being used herein as therein defined) issued by the Bank in favor of the Beneficiary, as follows: 1. The Beneficiary is a party to the Service Contract for Water Treatment Facilities Operations and Asset Management, dated .~, 2005 (the "Service Contract") by and between the Beneficiary and Guadalupe-Blanco River Authority (the "Authority") regarding the long-term operation, maintenance, repair, replacement and management of the Beneficiary's water system, in the City of San Marcos, Texas. 2. The Commencement Date has occurred. 3. The Beneficiary is making a demand for payment under the Letter of Credit in the amount of $_ and such amount does not exceed the Stated Amount. 4. The Beneficiary hereby certifies as follows (insert those which are applicable): (a) The Authority has materially breached the Service Contract and, in accordance with the procedures and requirements of Section 13.1 thereof, the Beneficiary has determined that the amount set forth above represents the estimated damages suffered by the Beneficiary, not to exceed the Stated Amount. (b) The Beneficiary has terminated the Service Contract pursuant to Section 11.2 of the Service Contract, and the Beneficiary has determined that the amount set forth above represents the estimated damages suffered by the Beneficiary, not to exceed the Stated Amount. (c) The Letter of Credit will expire within 30 days', and the Letter of Credit has not been extended, renewed or replaced in accordance with Section 13.1 of the Service Contract. The amount set forth above represents the full Stated Amount. (d) The Authority has filed a petition of voluntary bankruptcy under the Bankruptcy Code, the Authority has consented to the filing of any bankruptcy or reorganization petition against the Authority pursuant to the Bankruptcy Code. The amount set forth above represents the full Stated Amount. (e) A court of competent jurisdiction has issued an order appointing a receiver, liquidator, custodian or trustee of the Authority or of a major part of the Authority's property, respectively, or a petition to reorganize the Authority pursuant to the Bankruptcy Code has been filed against the Authority, and such order has not been discharged or such filing has not been dismissed within 90 A-3