Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract structures used by Utility providers on, underneath, near or adjacent to the Facilities, if not disclosed to the Company as of the Contract Date, (3) the presence at the Facilities of any habitat of an endangered or protected species as provided in Applicable Law, and (4) unforeseen subsurface geological conditions that could not have been known by the Company or reasonably been anticipated or discovered with the exercise of commercially reasonable due diligence by the Company before the Contract Date. "Staffing Plan" has the meaning specified in Appendix 3. "State" means the State of Texas. "Subcontract" means an agreement or purchase order by the Company or a Subcontractor to the Company, as applicable. "Subcontractor" means every person (other than employees of the Company) employed or engaged by the Company or any person directly or indirectly in privity with the Company (including all subcontractors and every sub-subcontractor of whatever tier) for any portion of the Contract Services, whether for the furnishing of labor, materials, equipment, supplies, services, or otherwise. "Tax" means any tax, fee, levy, duty, import, charge, surcharge assessment or withholding, or any payment-in-lieu thereof, and any related interest, penalty or addition to tax. "TCEQ" means the Texas Commission on Environmental Quality. "Term" has the meaning set forth in Article III. "Termination Date" means the last day of the Term of this Service Contract. "Toxic Substance" means any toxic, hazardous, chemical, industrial, explosive, flammable, volatile, reactive, corrosive or radioactive waste, material or substance which, alone or in combination with other substances, is contained in sufficiently high concentrations or volumes in influent received at the Facilities so as: (1) to interfere with the biological or other processes necessary for the removal of the organic and chemical contents of the Influent required to meet the Effluent Requirements; (2) to endanger human health or safety; or (3) to cause Effluent or Residuals to become a Hazardous Material, if any such result could not reasonably have been prevented by the management of the Facilities in accordance with the Contract Standards. A waste, material or substance which is contained in Influent and which is tested for under the IPP shall not be considered to be a Toxic Substance for the purposes of this definition unless such waste, material or substance is present in Influent in levels, with characteristics or for 14