Res 2005-127 - Laserfiche WebLink

Home Browse Search

City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article I - Definitions and Interpretation "Govemmental Body" means any federal, State, regional or local legislative, executive, judicial or other govemmental board, agency, authority, commission, administration, court or other body, or any official thereof having jurisdiction. "Guaranteed Maximum Chemical Utilization" has the meaning set forth m Section 10.4. "Guaranteed Maximum Electricity Utilization" has the meaning set forth m Section 10.4. "Hazardous Material" means any waste, substance, object or material deemed hazardous under Applicable Law. "ICI" means the Producers Price Index-Commodities published by the BLS, Not Seasonally Adjusted, Chemical and Allied Products-Industrial Chemicals, Series J.D. WPU061, or similar data if the BLS ceases to publish this index. "Independent Evaluator" means a qualified independent evaluator or evaluation fIrm with demonstrated skill and experience in the evaluation of utility property, not otherwise associated with the transactions contemplated hereby, selected with the mutual consent of the parties for the purpose of evaluating and determining the condition of the Facilities pursuant to Section 8.2. The Independent Evaluator may be an engineer or other technical professional competent to perform such services. "Initial Term" has the meaning specified in Section 3.1. "Insurance Requirement" means any rule, regulation, code, or requirement issued by any fIre insurance rating bureau or any body having similar functions or by any insurance company which has issued a policy of Required Insurance under this Service Contract, as in effect during the Term hereof, compliance with which is a condition to the effectiveness of such policy. "kWh" means kiloWatthours. "Legal Proceeding" means every action, suit, litigation, arbitration, administrative proceeding, and other legal or equitable proceeding having a bearing upon this Service Contract, and all appeals therefrom. "Letter of Credit" has the meaning specified in Section 13.1. "Lien" means any and every stop-notice and lien against the Faciltiies or against any monies due or to become due from the City to the Authority under this Service Contract, for or on account of the Contract Services, including mechanics', materialmen's, laborers' and lenders' liens. "Loss-and-Expense" means any and all actual loss, liability, forfeiture, obligation, damage, [me, penalty, judgment, deposit, charge, Tax, cost or expense, including all 10