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<br />The City of San Marcos Facilities Service Contract
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<br />attributable to any Uncontrollable Circumstance or Company Breach, and which materially
<br />and adversely affects the Company's rights, obligations or ability or costs to perform under this
<br />Service Contract.
<br />"City Capital Project" means the Planned Process/Residual Improvements
<br />project described in Appendix 6 to be designed, constructed, installed, started up and tested by
<br />the City or its subcontractor. The "City Capital Project" shall be considered part of the
<br />Facilities.
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<br />"City Facilities Property" means all vehicles, rolling stock, spare parts, hand
<br />tools, fumiture and fIxtures, computers and communications equipment and Consumables in
<br />stock at the Facilities and having operational utility which the City will permit the Company to
<br />use as of the Commencement Date, as described in Appendix 1.
<br />"City Indemnitee" has the meaning specifIed in Section 13.3.
<br />"City Property" means any structures, improvements, equipment, fIre alarm
<br />systems, wastewater and water mains, valves, pumping systems, hydrants, hydrant
<br />connections, duct lines, streets, lamps, lampposts, monuments, sidewalks, curbs, trees or any
<br />other systems, fIxtures, or real or personal property owned, leased, operated, maintained, or
<br />occupied by the City.
<br />"Commencement Date" means the first date on which all of the Commencement
<br />Date Conditions shall be satisfied or waived, as agreed to in writing by the parties pursuant to
<br />Section 4.4.
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<br />"Commencement Date Conditions" has the meaning specified in Section 4.3.
<br />"Company" means Operations Management Intemational, Inc., a corporation
<br />organized and existing under the laws of the State of California, and its permitted successors
<br />and assigns.
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<br />"Company Breach" means any breach (including the untruth or breach of any
<br />Company representation or warranty herein set forth), failure, nonperformance or
<br />non-compliance by the Company with respect to its obligations under this Service Contract to
<br />the extent not directly attributable to any Uncontrollable Circumstance or City Breach, and
<br />which materially and adversely affects the City's rights, obligations or ability to perform under
<br />this Service Contract.
<br />"Consumables" means those materials, supplies and similar consumables used
<br />in connection with the operation and management of the Facilities, which may include fuel oil,
<br />diesel fuel, liquid chlorine, liquid sulfur dioxide, liquid defoament, quick lime, alum, sand,
<br />activated carbon, gravel, lubricants, polymers, office supplies and other chemicals, fuels,
<br />materials, supplies and similar consumables used in connection with the operation of the
<br />Facilities.
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