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 (n) with respect to the Authority, the consequences of any act, error, neglect or omission by the City or any other person or entity acting on behalf of the City; or (0) electric power outages beyond the control of the Authority. Exclusions. It is specifically understood that none of the following acts, events or circumstances shall constitute Uncontrollable Circumstances: (a) any act, event or circumstance that would not have occurred if the affected party had complied with its obligations hereunder; (b) changes in interest rates, inflation rates, wage rates, insurance costs, currency values, exchange rates or other general economic conditions; (c) changes in the fmancial condition of the City, the Authority, or its aff11iates or subcontractors affecting the ability to perform their respective obligations; (d) the consequences of error, neglect or omissions by the Authority, any Subcontractor, any of their Mfiliates or any other person in the performance of the Contract Services; (e) union or labor work rules, requirements or demands which have the effect of increasing the number of employees employed at the Facilities or otherwise increasing the cost to the Authority of performing the Contract Services; (f) any impact of prevailing wage or similar laws, customs or practices on the Authority's costs; (g) weather conditions normal for the service area; (h) any surface or subsurface geotechnical or hydrological conditions, including the existence of compressible soil layers, masses, unstable soils, manmade deposits, and water table fluctuations (other than Pre-Existing Environmental Conditions or Specified Site Conditions); (i) any act, event, circumstance or Change in Law occurring outside of the United States; (j) mechanical failure of equipment to the extent not resulting from a condition that is listed in the "Inclusions" section of this definition; (k) failure of the Authority to secure patents which it deems necessary for the performance of the Contract Services; (1) any failure in obtaining appropriate Governmental Approvals for the Facilities; (m) a Change in Law pertaining to Taxes (except a Change in Law which imposes a State or local tax on the private provision of water treatment services or the imposition of a new State Tax or an increase or decrease in the rate of local tax currently imposed for use of the City's water system); or 16