Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract durations which are outside the range of levels, characteristics or durations established as representative by IPP data compiled in the two-year period preceding the Contract Date. "TPDES Permit" means the TCEQ authorization to operate the Facilities. "Transaction Form" means any of the Transaction Forms appended to this Service Contract. "Transition Period" means the period from the Contract Date to, and including, the day preceding the Commencement Date, during which the parties will carry out their transition obligations under Article IV. "Trucked-In-Material" means materials which are delivered by City-licensed haulers to the Facilities other than through the wastewater collection system, including Septage, grease, pre-tested special wastes and other materials permitted under Texas law to be accepted for treatment. "Trucked-in-Material Guarantee" has the meaning set forth in Section 8.5. "Uncontrollable Circumstance" means any act, event or condition that is beyond the reasonable control of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under the Service Contract, and that materially interferes with or materially increases the cost of performing its obligations hereunder, to the extent that such act, event or condition is not the result of the Willful or Negligent Act, Error or Omission, or breach of the Service Contract on the part of such party. Inclusions. Subject to the foregoing, Uncontrollable Circumstances may include, and shall not be limited to, the following: (a) a Change in Law, including a Change in Law which imposes a State or local tax on the private provision of wastewater treatment services or the imposition of a new State Tax or an increase or decrease in the rate of local tax currently imposed for use of the City's sewers; (b) the receipt of Excessive Influent at the Facilities, subject to the provisions set forth in Section 11.6; (c) the occurrence of an Upset; (d) the existence of a Pre-Existing Environmental Condition; (e) the existence of a Specified Site Condition; (1) contamination of the Facilities from groundwater, soil or airbome Hazardous Material migrating from sources outside the Facilities to the extent not caused by Company Breach; (g) naturally occurring events (except weather conditions normal for San Marcos, Texas) such as landslides, underground movement, earthquakes, lightning, 15