|
<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 />"City" means the City of San Marcos, Texas, a municipal corporation organized
<br />and existing under the laws of the State of Texas.
<br />"City Breach" means any breach (including the untruth or breach of any City
<br />representation or warranty herein set forth), failure, nonperformance or non-compliance by the
<br />City with respect to its obligations under this Service Contract to the extent not directly
<br />attributable to any Uncontrollable Circumstance or Authority Breach, and which materially
<br />and adversely affects the Authority's rights, obligations or ability or costs to perform under this
<br />Service Contract.
<br />"City Indemnitee" means the City and its officers, agents and employees.
<br />"City Property" means any structures, improvements, equipment, fire alarm
<br />systems, wastewater and water mains, valves, pumping systems, hydrants, hydrant
<br />connections, duct lines, streets, lamps, lampposts, monuments, sidewalks, curbs, trees or any
<br />other systems, fIxtures, or real or personal property owned, leased, operated, maintained, or
<br />occupied by the City.
<br />"City Utility Contracts" means the contracts listed as "City Utility Contracts" in
<br />the table of contents to this Service Contract.
<br />"Commencement Date" means the first date on which all of the Commencement
<br />Date Conditions shall be satisfied or waived, as agreed to in writing by the parties pursuant to
<br />Section 4.4.
<br />
<br />"Commencement Date Conditions" has the meaning specified in Section 4.3.
<br />"Consumables" means those materials, supplies and similar consumables
<br />generally used in connection with the operation and management of infrastructure such as the
<br />Facilities, which may include, but are not limited to, fuel oil, diesel fuel, chlorine, quick lime,
<br />coagulants, sand, activated carbon, cartridge filters, lubricants, polymers, and other chemicals,
<br />office supplies, fuels, materials, supplies and similar consumables.
<br />"Contract Administration Memorandum" has the meaning set forth ill
<br />subsection 14.2(B).
<br />"Contract Administrator" has the meaning specified in Section 14.3.
<br />"Contract Date" means the date this Service Contract is executed and delivered
<br />by the parties hereto.
<br />"Contract Representative" means, in the case of the Authority, the individual
<br />specified in writing from time to time by the Authority as the representative of the Authority for
<br />purposes of this Service Contract and, in the case of the City, the Director of Water and
<br />Wastewater Utilities or such other representative as shall be designated in writing by the City
<br />from time to time.
<br />
<br />7
<br />
|