Res 2005-105 - Laserfiche WebLink

Home Browse Search

The City of San Marcos Facilities Service Contract "Hazardous Material" means any waste, substance, object or material deemed hazardous under Applicable Law. "Hazardous Residuals" means any portion of the Residuals which: (1) constitutes a "hazardous waste" (as defmed in RCRA or counterpart State environmental laws); or (2) contains "hazardous substances" (as defmed in CERCLA or counterpart State environmental laws) or other Regulated Substances in such concentrations or volumes as to render the Residuals that would normally be handled at a Designated Disposal Site unacceptable for treatment or disposal at such Designated Disposal Site. "ICI" means the Producers Price Index-Commodities, Not Seasonally Adjusted, Chemical and Allied Products-Industrial Chemicals, Series J.D. WPU061, published by the Bureau of Labor Statistics, or similar data if the BLS ceases publishing this index.. "Influent" means all flows reaching the Facilities through the City's wastewater collection system from all connected sources, including residential, commercial, municipal, and industrial sources. Influent includes wastewater and infIltration and inflows, but does not include Trucked-in-Material. "Influent Parameter Group" has the meaning set forth in Section 11.3. "Initial Term" has the meaning specified in Section 3.1. "Insurance Requirement" means any rule, regulation, code, or requirement issued by any fire insurance rating bureau or any body having similar functions or by any insurance company which has issued a policy of Required Insurance under this Service Contract, as in effect during the Term hereof, compliance with which is a condition to the effectiveness of such policy. "Legal Proceeding" means every action, suit, litigation, arbitration, administrative proceeding, and other legal or equitable proceeding having a bearing upon this Service Contract, and all appeals therefrom. "Lien" means any and every stop-notice and lien against the Facilities or against any monies due or to become due from the City to the Company under this Service Contract, for or on account of the Contract Services, including mechanics', materialmen's, laborers' and lenders' liens. "Loss-and-Expense" means, and is limited to, any and all actual loss, liability, forfeiture, obligation, damage, fme, penalty, judgment, deposit, charge, Tax, cost or expense relating to third party claims for which the Company is obligated to indemnify the City hereunder, including all Fees and Costs, except as explicitly excluded or limited under any provision of this Service Contract. 10