Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article VI - Management and Operation knowledge of any such event or circumstance, and of any Legal Proceeding alleging such non-compliance. (D) Fines. Penalties and Remediation. Except to the extent excused by Uncontrollable Circumstances, City Breach or the exceptions to the Authority's assumption of the "as-is" risk set forth in subsection 6.4(C), in the event that the Authority or any Subcontractor fails at any time to comply with Applicable Law with respect to the Facilities, Finished Water, or this Service Contract, the Authority shall, without limiting any other remedy available to the City upon such an occurrence and notwithstanding any other provision of this Service Contract: (1) promptly correct such failure and resume compliance with Applicable Law; (2) bear all Loss-and-Expense of the Authority and the City resulting therefrom; (3) payor reimburse the City for any resulting actual damages, fInes, assessments, levies, impositions, penalties or other charges; (4) make any Capital Modifications and changes in operating and management practices that the City may request which are necessary to assure that the failure of compliance with Applicable Law will not recur; and (5) comply with any corrective action plan filed with or mandated by any Govemmental Body in order to remedy a failure of the Authority to comply with Applicable Law. (E) No Nuisance Covenant. The Authority shall keep the Facilities neat, clean and litter-free at all times, and ensure that the operation of the Facilities does not create any odor, litter, noise, fugitive dust, vector or other adverse environmental effects constituting, with respect to each of the foregoing, a nuisance condition under Applicable Law. Should any such nuisance condition occur which is not caused by Uncontrollable Circumstances, City Breach or other City activity, the Authority shall promptly remedy the condition, pay any regulatory filles or penalties relating thereto, make any Capital Modifications and changes in operating and management practices that the City may request which are necessary to prevent a recurrence of the nuisance condition, and, to the full extent of its liability under applicable law, pay costs related to the nuisance condition in accordance with Section 12.3. SECTION 6.12. GOVERNMENTAL APPROVALS. (A) Applications and Submittals. Except with respect to the City's Edwards Aquifer Authority Permit, the Authority, in a timely manner, shall make all applications necessary to obtain and maintain the Permits and all other Govemmental Approvals required to be made, obtained or maintained under Applicable Law in order to operate the Facilities, including those set forth in Appendix 2. With respect to Govemmental Approvals, the Authority, in a timely manner, shall: (1) develop and fumish all necessary supporting material; (2) supply all data and information which may be required; (3) familiarize itself with the terms and conditions of such Governmental Approvals; (4) attend required meetings and hearings; and (5) take other action necessary in obtaining, maintaining, renewing, extending and complying with the terms of such Governmental Approvals. All permit and filing fees required in order to obtain and maintain Govemmental 42