Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract "Base Fee" means base fee component of the Service Fee calculated as provided in Section 11. 3. "Billing Period" means each calendar month, except that (1) the first Billing Period shall begin on the Commencement Date and shall continue to the last day of the month in which the Commencement Date occurs and (2) the last Billing Period shall end on the last day of the Term of this Service Contract. Any computation made on the basis of a Billing Period shall be adjusted on a pro rata basis to take into account any Billing Period of less than the actual number of days in the month to which such Billing Period relates. "Capital Expenditure" means any expenditure (1) for the purchase of new equipment for Facilities items that cost more than $5,000, (2) for Major Repairs and Replacement, or (3) exceeding $5,000 which is planned, non-routine and budgeted by the City. "Capital Modification" means any material change made to the Facilities, including the installation of new structures, equipment, systems or technology. "Change in Law" means any of the following acts, events or circumstances to the extent that compliance therewith materially increases or decreases the cost of performing or materially increases or decreases the scope of a party's obligations hereunder: (a) the adoption, amendment, promulgation, issuance, modification, repeal or written change in administrative or judicial interpretation of any Applicable Law on or after the Contract Date, unless such Applicable Law was on or prior to the Contract Date duly adopted, promulgated, issued or otherwise offIcially modified or changed in interpretation, in each case in final form, to become effective without any further action by any Governmental Body; (b) the order or judgment of any Governmental Body issued on or after the Contract Date (unless such order or judgment is issued to enforce compliance with Applicable Law which was effective as of the Contract Date) to the extent such order or judgment is not the result of a Willful or Negligent Act, Error or Omission of the Company or of the City, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a Willful or Negligent Act, Error or Omission; or (c) except with respect to any Governmental Approval required for the Facilities as provided within (b) below pertaining to exclusions 4