Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article I - Defmitions and Interpretation Inclusions. Subject to the foregoing, Uncontrollable Circumstances may include, and shall not be limited to, the following: (a) a Change in Law; (b) the existence of a Pre-Existing Environmental Condition; (c) the existence of a Specified Site Condition; (d) contamination of the Facilities from groundwater, soil or airbome Hazardous Material migrating from sources outside the Facilities to the extent not caused by Authority Breach; (e) naturally occurring events (except weather conditions normal for the service territory) such as landslides, underground movement, earthquakes, lightning, hail storms, fIres, tomadoes, hurricanes, floods (but only to the extent the capacity of the Facilities is exceeded), epidemics, and other acts of God; (f) explosion, sabotage or similar occurrence, acts of a declared public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; (g) labor disputes, except labor disputes involving employees of the Authority, its Mfiliates, or subcontractors which affect the performance of the Contract Services; (h) the failure of any Subcontractor (other than the Authority or any Mfiliate thereof) to fumish services, materials, chemicals or equipment on the dates agreed to, but only if such failure is the result of an event which would constitute an Uncontrollable Circumstance if it affected the Authority directly, and the Authority is not able after exercising all reasonable efforts to timely obtain substitutes; (i) the failure of any appropriate Govemmental Body or private utility having operational jurisdiction in the area in which the Facilities are located to provide and maintain Utilities (other than Raw Water) to the Facilities which are required for the performance of the Contract Services; OJ any failure of title to the Facilities or any placement or enforcement of any encumbrance on the Facilities not consented to in writing by, or arising out of any action or agreement entered into by, the party adversely affected thereby; (k) the preemption, confiscation, diversion or destruction of materials or services by a Governmental Body in connection with a public emergency or any condemnation or other taking by eminent domain of any material portion of the Facilities; (1) with respect to the Authority, any City Breach and City-requested Change Orders not due to Authority Breach; (m) with respect to the City, any Authority Breach; 15