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<br />City of San Marcos/Guadalupe-Blanco River Authority
<br />Water Treatment Facilities
<br />
<br />Service Contract
<br />Article I - Definitions and Interpretation
<br />
<br />ARTICLE I
<br />
<br />DEFINITIONS AND INTERPRETATION
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<br />SECTION 1.1. DEFINITIONS. As used in this Service Contract, the following
<br />terms shall have the meanings set forth below:
<br />"Mfiliate" means any person directly or indirectly controlling or controlled by
<br />another person, corporation or other entity or under direct or indirect common control with
<br />such person, corporation or other entity.
<br />"Appendix" means any of the Appendices attached to this Service Contract, as
<br />the same may be amended or modified from time to time in accordance with the terms hereof.
<br />"Applicable Law" means: (1) any federal, state or local law, code, or regulation;
<br />(2) any formally adopted and generally applicable rule, requirement, determination, standard,
<br />policy, implementation schedule, or other order of any Govemmental Body having appropriate
<br />jurisdiction; (3) any established interpretation of law or regulation utilized by an appropriate
<br />Govemmental Body if such interpretation is documented in writing by such Govemmental
<br />Body and generally applicable; (4) any Govemmental Approval applicable to the Facilities or the
<br />Contract Services; and (5) any consent order or decree, settlement agreement or other similar
<br />agreement between the City and any Govemmental Body, in each case having the force of law
<br />and applicable from time to time: (a) to the siting, permitting, design, acquisition,
<br />construction, equipping, fmancing, ownership, possession, start-up, testing, operation,
<br />maintenance, repair, replacement or management of water facilities or systems, including the
<br />Facilities; (b) to the conveyance, delivery, treatment, storage, supply of water to and from the
<br />Facilities; (c) to the air emissions from the Facilities; (d) to the transfer, handling, processing,
<br />transportation or disposal of Residuals produced from the Facilities; and (e) to any other
<br />transaction or matter contemplated by the Service Contract (including any of the foregoing
<br />which pertain to water treatment, Residuals and waste disposal, health, safety, fire,
<br />environmental protection, labor relations, building codes, the payment of prevailing or
<br />minimum wages and non-discrimination).
<br />"Authority" means Guadalupe-Blanco River Authority, a conservation and
<br />reclamation district and political subdivision created and existing under the laws of the State
<br />of Texas, and its permitted successors and assigns.
<br />"Authority Breach" means any breach (including the untruth or breach of any
<br />Authority representation or warranty herein set forth), failure, nonperformance or
<br />non-compliance by the Authority with respect to its obligations under this Service Contract to
<br />the extent not directly attributable to any Uncontrollable Circumstance or City Breach, and
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