Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article VII - Performance shall not be required to take any action under this subsection so long as: (1) the City is contesting any determination of a Pre-Existing Environmental Condition or Specified Site Condition in good faith by appropriate proceedings conducted with due diligence; and (2) Applicable Law permits continued operation of the Facilities pending resolution of the contest, so that the Authority shall have no liability as a result of the failure of the City to dispose of, remediate or otherwise correct such Pre-Existing Environmental Condition or Specified Site Condition during the period of contest. SECTION 7.10. CITY REMEDIES FOR NON-COMPLIANCE WITH PERFORMANCE GUARANTEES. (A) Remedies. If the Authority fails to comply with any Performance Guarantee, the Authority shall: (1) promptly notify the City within 8 hours of the Authority's having knowledge of any such non-compliance; (2) promptly provide the City within 24 hours with copies of any notices sent to or received from the EPA, TCEQ or any other Govemmental Body having regulatory jurisdiction with respect to any violations of Applicable Law; (3) promptly prepare all public notifications required by Applicable Law, and submit such notifications for publication; (4) indemnify, defend and hold harmless the City Indemnitees in accordance with Section 12.3 in connection with the failure; and (5) assist the City with and manage all public relations matters necessary to adequately address any public concern caused by such non-compliance, including preparation of press releases, attendance at press conferences, and participation in public information sessions and meetings and handle all public inquiries. If the Authority fails to comply with any Performance Guarantee and such nonperformance is not due to City Breach, Change in Law or an Uncontrollable Circumstance, the Authority shall, without relief under any other Performance Guarantee, and in addition to any other remedy provided herein, allowed by Applicable Law or required by a Governmental Body: (1) pay the City for the any actual costs incurred by the City; (2) pay any other resulting third party damages, fmes, levies, assessments, impositions, penalties or other charges, judgments or awards assessed under applicable law; and (3) at its own cost and expense take any action (including making all repairs and replacements and operating and management practices changes) necessary in order to comply with such Performance Guarantee, continue or resume performance hereunder and eliminate the cause of, and avoid or prevent the recurrence of non-compliance with such Performance Guarantee. (B) Performance Testing. The City, at any time after giving the Authority reasonable notice, may require a performance test to be conducted by the Authority, at the City's cost and expense, to reasonably demonstrate that the Facilities are operating in compliance with Applicable Law and the Performance Guarantees. The performance tests shall be conducted in a manner as to not unduly interfere with the Authority's performance obligations hereunder. If the test is not successfully passed, the Authority shall reimburse the City for the City's actual costs incurred in association with the fIrst performance test, and, at 53