Res 2015-005/approving interlocal contract with EAA, Texas State University for the expansion of the COSM Reclaimed Water System

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(b) If a Lease identified in Section III of Exhibit A is in effect, the EAA may terminate this Contract only after the term of the Lease then in effect has expired, or if the Lease is otherwise terminated in accordance with the terms of the Lease. (c) In the event the EAA exercises its right under Section 6.1 to terminate this Contract early, and the City and/or Texas State has leased the maximum amount of Conserved Water available for lease under Exhibit A, Section III.3, and the EAA has not paid to the City and/or Texas State the full amount of compensation due to the City and/or Texas State under Section 3. 1, the EAA shall pay to the City and/or Texas State $308.89 per acre foot ( "AF ") for each AF that has actually been injected by the San Antonio Water System ( "SAWS ") of the City of San Antonio into the Aquifer Storage and Recovery Project of SAWS, less the total amount previously paid according to Article III. ARTICLE VII — OWNERSHIP OF MATERIALS Section 7.1. Ownership. All information, documents, property, or materials produced, created, or supplied under this Contract by the City, its employees, agents or subcontractors or anyone else, and whether finished or unfinished or in draft or final form, will be the property of the City. Section 7.2. Disclosure of Documents. The information, documents, property, or materials produced, created or supplied under this Contract by the City, including preliminary technical reports and studies, may be disclosed by the City to any third -party without the prior written consent of the EAA. The City shall promptly advise the EAA of any requests for any such information, document, property, or materials by a third -party under the Texas Public Information Act, Chapter 552, Texas Government Code. Section 7.3. Record Copies. The City shall retain a record copy of all information, documents, property, or materials developed in the course of performing the Services. Upon request of the EAA, such information, documents, property, or materials will be promptly supplied to the EAA, including after the Expiration Date or the termination of this Contract under Section 6.1. The EAA will reimburse the City for actual cost of time and expenses of reproduction of such materials when requested. ARTICLE VIII — NON - PERFORMANCE Section 8.1. The City warrants that it will perform all Services in a good and workmanlike manner, strictly in accordance with the standards of the City's profession, the Scope of Work, and as otherwise provided in this Contract and the Exhibits hereto. The City's failure to timely perform the Services as warranted and agreed shall constitute a breach of this Contract and shall be subject to all applicable remedies at law or equity. Judgment of nonperformance shall rest solely with the EAA. ARTICLE IX — LIQUIDATED DAMAGES [THIS ARTICLE LEFT BLANK] 5of11