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<br />City of San Marcos/Guadalupe-Blanco River Authority <br />Water Treatment Facilities <br /> <br />Service Contract <br />Article VII - Performance <br /> <br />(2) failure to calibrate or verify calibration of flow meters to the <br />manufacturer's accuracy tolerance. <br />(3) failure to respond to a written request for information related to this <br />Service Contract made by the Contract Administrator and designated as a "priority <br />request" within a reasonable period of time. <br />(4) failure to provide any plan, proposal, report or other deliverable required <br />hereunder with respect to Uncontrollable Circumstances or any regulatory matter by <br />the deadline agreed upon by the parties with respect thereto. <br />(5) failure to keep monthly maintenance records as required by Section 8.1. <br />(6) failure of Authority staff to attend City meetings as reasonably requested, <br />with adequate advance notice from the City. <br />(7) failure to provide any reports required hereunder within [7] days of the <br />due date. <br />(8) failure to maintain proper certification as required by any Governmental <br /> <br />Body. <br /> <br />(9) failure to respond to alarms at the Plant as required hereunder. <br />(10) failure to properly sample, test or report the results thereof as required <br />by the Contract Standards. <br />SECTION 7.13. ENFORCEMENT OF PERFORMANCE GUARANTEES. Non- <br /> <br />enforcement of any Performance Guarantee or other performance obligation contained herein <br />for whatever reason shall not constitute a waiver of the City's right to enforce or in any way <br />restrict the City in determination of or action regarding future occurrences. <br /> <br />55 <br />