Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract from "Changes in Law"), the denial of an application for, a delay in the review, issuance or renewal of, or the suspension, termination, or interruption of any Governmental Approval, or the imposition of a term, condition or requirement which is more stringent or burdensome than the Contract Standards in effect as of the Contract Date in connection with the issuance, renewal or failure of issuance or renewal of any Governmental Approval, to the extent that such occurrence 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 occurrence shall not be construed as such a Willful or Negligent Act, Error or Omission. It is specifically understood, however, that none of the following shall constitute a "Change in Law": (a) with respect to the City (but not the Company), Changes in Law made by the City, other than Changes in Law required by federal or State Changes in Law or due to a manifest danger to public health or the environment; acts, events and circumstances with respect to which and to the extent that the Company has assumed the permitting risk under the Service Contract (subject to a twenty percent (20%) increase in the amount of renewal fee for the TPDES Permit referenced in Appendix 2). a change in the nature or severity of the actions typically taken by a Governmental Body to enforce compliance with Applicable Law which was effective as of the Contract Date; (d) any non-Texas Residuals disposal-related state Change in Law. "Change Order" means a written order of the City signed by the City's Contract Representative authorizing and approving a change to any Capital Modification pursuant to Section 10.1. (b) (c) "Chemical Cost Adjustment Factor" has the meaning set forth in Section 11.6 and shall be calculated in accordance with Section 11.6. "City" means the City of San Marcos, Texas, a municipal corporation organized and existing under the laws of the State of Texas. "City Breach" means any breach (including the untruth or breach of any City representation or warranty herein set forth), failure, nonperformance or non-compliance by the City with respect to its obligations under this Service Contract to the extent not directly 5