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<br />City of San Marcos/Guadalupe-Blanco River Authority <br />Water Treatment Facilities <br /> <br />Service Contract <br />Article I - Defmitions and Interpretation <br /> <br />or be construed as such a willful or negligent action, error or <br />omission or lack of reasonable diligence; or <br />(c) except with respect to any Governmental Approval required for <br />the Facilities as provided within (b) below pertaining to exclusions <br />from "Changes in Law", the denial of an application for, a delay in <br />the review, issuance or renewal of, or the suspension, <br />termination, or interruption of any Govemmental Approval, or the <br />imposition of a term, condition or requirement which is more <br />stringent or burdensome than the Contract Standards in effect as <br />of the Contract Date in connection with the issuance, renewal or <br />failure of issuance or renewal of any Governmental Approval, to <br />the extent that such occurrence is not the result of willful or <br /> <br />negligent action, error or omission or a lack of reasonable <br />diligence of the Authority or of the City, whichever is asserting the <br />occurrence of a Change in Law; provided, however, that the <br />contesting in good faith or the failure in good faith to contest any <br />such occurrence shall not be construed as such a willful or <br />negligent action or lack of reasonable diligence. <br />It is specifically understood, however, that none of the following shall constitute <br />a "Change in Law": <br />(a) <br /> <br />with respect to the City (but not the Authority), Changes in Law made by <br />the City, other than Changes in Law required by federal or State Changes <br />in Law or due to a manifest danger to public health or the environment; <br />acts, events and circumstances with respect to which the Authority has <br />assumed the permitting risk under the Service Contract; <br />a change in the nature or severity of the actions typically taken by a <br />Govemmental Body to enforce compliance with Applicable Law which <br />was effective as of the Contract Date; or <br />any event that affects generally applicable working conditions or <br />standards that are not specific to the water industry or to the Facilities, <br />or that does not require a Capital Modification. <br />"Change Order" means a written order of the City signed by the City's Contract <br />Representative authorizing and approving a change to any Capital Modification pursuant to <br />Section 9. 1. <br /> <br />(b) <br /> <br />(c) <br /> <br />(d) <br /> <br />"Chemical Cost Adjustment Factor" has the meaning set forth ill <br />subsection 10.6(B). <br /> <br />6 <br />