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<br />City of San Marcos/Guadalupe-Blanco River Authority
<br />Water Treatment Facilities
<br />
<br />Service Con tract
<br />Article I - Definitions and Interpretation
<br />
<br />"Enhanced Standards" means those standards set forth in Section 7.2 and
<br />
<br />Appendix 6.
<br />
<br />"EPA" means the United States Environmental Protection Agency and any
<br />predecessor or successor agency.
<br />"Event of Default" means, with respect to the Authority, those items specified in
<br />Section 11.2, and with respect to the City, those items specified in Section 11.3.
<br />"Extraordinary Items Component" has the meaning set forth in Section 10.5.
<br />"Facilities" means the Plant, the Plant Site, the Pump Stations, and the Wells
<br />and related facilities and equipment as described in Sections 1.1 through 1.5 of Appendix L
<br />"Facilities Equipment" means all of the manufactured equipment, property or
<br />assets, whether or not constituting personal property or fIxtures, constituting part of the
<br />Facilities. "Facilities Equipment" is further described in Appendix 1.
<br />"Facilities Manager" has the meaning set forth in Section 6.5.
<br />"Fees and Costs" means reasonable fees and expenses of employees, attorneys,
<br />architects, engineers, expert witnesses, contractors, consultants and other persons, and costs
<br />of transcripts, printing of briefs and records on appeal, copying and other reimbursed
<br />expenses, and expenses reasonably incurred in connection with investigating, preparing for,
<br />defending or otherwise appropriately responding to any Legal Proceeding.
<br />"Finished Water" means Raw Water that has been treated at the Plant III
<br />accordance with the requirements set forth herein.
<br />"Good Engineering and Construction Practice" means those methods,
<br />techniques, standards and practices which, at the time they are to be employed and in light of
<br />the circumstances known or reasonably believed to exist at such time, are generally recognized
<br />and accepted as good design, engineering, equipping, installation, construction and
<br />commissioning practices for the design, construction and improvement of capital assets in the
<br />water utility industry as followed in the State.
<br />"Good Industry Practice" means those methods, techniques, standards and
<br />practices which, at the time they are to be employed and in light of the circumstances known
<br />or reasonably believed to exist at such time, are generally recognized and accepted as good
<br />operation, maintenance, repair, replacement and management practices in the water treatment
<br />industry as observed in the State.
<br />"Govemmental Approvals" means all orders of approval, permits, licenses,
<br />authorizations, consents, certifications, exemptions, registrations, rulings, entitlements and
<br />approvals issued by a Govemmental Body of whatever kind and however described which are
<br />required under Applicable Law to be obtained or maintained by any person with respect to the
<br />Contract Services.
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