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<br />The City of San Marcos Facilities Service Contract
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<br />ARTICLE I
<br />DEFINITIONS AND INTERPRETATION
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<br />SECTION 1.1. DEFINITIONS. As used in this Service Contract, the following
<br />terms shall have the meanings set forth below:
<br />"Acceptable Disposal Site" has the meaning specified in Section 7.24.
<br />"Affiliate" means any person directly or indirectly controlling or controlled by
<br />another person, corporation or other entity or under direct or indirect common control with
<br />such person, corporation or other entity.
<br />"Annual Settlement Statement" has the meaning specified in Section 11.10.
<br />"Appendix" means any of the Appendices attached to this Service Contract, as
<br />the same may be amended or modified from time to time in accordance with the terms hereof.
<br />"Applicable Law" means: (1) any federal, state or local law, code, or regulation;
<br />(2) any formally adopted and generally applicable rule, requirement, determination, standard,
<br />policy, implementation schedule, or other order of any Governmental Body having appropriate
<br />jurisdiction; (3) any established interpretation of law or regulation utilized by an appropriate
<br />Governmental Body if such interpretation is documented in writing by such Govemmental
<br />Body and generally applicable; (4) any Governmental Approval applicable to the Facilities or the
<br />Contract Services; and (5) any consent order or decree, settlement agreement or other similar
<br />agreement between the City and any Governmental Body, in each case having the force of law
<br />and applicable from time to time: (a) to the siting, permitting, design, acquisition,
<br />construction, equipping, fmancing, ownership, possession, start-up, testing, operation,
<br />maintenance, repair, replacement or management of wastewater facilities or systems, including
<br />the Facilities; (b) to the conveyance, delivery, treatment, storage, supply or discharge of
<br />wastewater to and from the Facilities; (c) to the air emissions from the Facilities; (d) to the
<br />transfer, handling, processing, transportation or disposal of Residuals produced from the
<br />Facilities; and (e) to any other transaction or matter contemplated by the Service Contract
<br />(including any of the foregoing which pertain to wastewater treatment, Residuals and waste
<br />disposal, health, safety, fire, environmental protection, labor relations, building codes, the
<br />payment of minimum wages and non-discrimination.
<br />"Banlauptcy Code" means the United States Bankruptcy Code, 11 V.S.C. 88 101
<br />et seq., as amended from time to time, and any successor statute thereto. "Bankruptcy Code"
<br />shall also include any similar state law relating to banlauptcy, insolvency, the rights and
<br />remedies of creditors, the appointment of receivers or the liquidation of companies and estates
<br />that are unable to pay their debts when due.
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