Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Service Contract Water Treatment Facilities Article XI - Breach. Default, Remedies and Termination amortization of debt incurred by the Authority for Capital Modifications resulting from Uncontrollable Circumstances) when compared to such amounts that would have been payable during the comparable periods had no Uncontrollable Circumstances occurred. (C) Felonv Conviction. In the event of a felony conviction of the Authority, as an entity, for an act directly related to the Authority's provision of the Contract Services hereunder, the amounts specified in items (1) and (2) of subsection (A) of this Section shall be excluded from the termination fee payable by the City. (D) Payment of Amounts Owing Through the Termination Date. Upon any termination pursuant to this Section, the City shall pay the Authority all amounts due for the Contract Services up to the applicable portion of the Service Fee but not yet paid as of the date of termination. (E) Termination Fee Pavment Contingent U?on Surrender of Possession. The City shall have no obligation to pay the applicable termination fee provided for under this Section except concurrently with the surrender of possession and control by the Authority of the Facilities to the City. (F) Acceptance of Termination Payment. The Authority agrees to accept the applicable termination fee provided in this Article as full compensation for the termination of the Authority's right to perform this Service Contract. (G) Completion or Continuance bv City. Mter the date of any termination under this Section, the City may at any time (but without any obligation to do so) take any and all actions necessary or desirable to continue and complete the Contract Services so terminated, including entering into contracts with other operators and contractors. (H) Emplovment. Upon the exercise by the City of its right of convenience termination under this Section, the City shall have the right to offer, or cause any successor operator of the Facilities to offer, employment to employees of the Authority then employed at the Facilities as set forth in subsection 11.5(B) SECTION 11.5. OBLIGATIONS OF THE AUTHORITY UPON TERMINATION OR EXPIRATION. (A) Authoritv Obligations. Upon a termination of this Service Contract under Section 11.2, 11.3, or 11.4 or upon the expiration of this Service Contract under Section 3.1, the Authority shall, as applicable: (1) stop the Contract Services on the date and to the extent specified by the City; (2) promptly take action as necessary to protect and preserve all materials, equipment, tools, facilities and other property; (3) promptly remove from the Facilities all equipment, implements, machinery, tools, temporary facilities of any kind and other property owned or leased by 76