Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract (c) changes in the fmancial condition of the City, the Company, or their affiliates or subcontractors affecting the ability to perform their respective obligations; (d) the consequences of a Willful or Negligent Act, Error or Omission by the Company, any subcontractor, any of their affiliates or any other person in the performance of the Contract Services; (e) union or labor work rules, requirements or demands which have the effect of increasing the number of employees employed at the Facilities or otherwise increasing the cost to the Company of performing the Contract Services; (f) any impact of wage and hour law, customs or practices on the Company's costs, unless the result of a Change in Law; (g) weather conditions normal for the service area (not including torrential rainstorms that cause the capacity of the Facilities to be exceeded); (h) any surface or subsurface geotechnical or hydrological conditions, including the existence of compressible soil layers, masses, unstable soils, manmade deposits, and water table fluctuations (other than Pre-Existing Environmental Conditions or Specified Site Conditions); (i) any act, event, circumstance or Change in Law occurring outside of the United States; OJ mechanical failure of equipment to the extent resulting from the a Willful or Negligent Act, Error or Omission of the Company; (k) failure of the Company to secure patents which it deems necessary for the performance of the Contract Services; (I) any failure in obtaining appropriate Governmental Approvals for the Facilities to the extent that such failure is due to the negligence of Company; (m) except as provided in item (a) of the "Inclusions" section of this definition, a Change in Law pertaining to Taxes; or (n) any Change in Law (including the issuance of any Governmental Approval, the enactment of any statute, or the promulgation of any regulation) the terms and conditions of which do not impose more stringent or burdensome requirements on the Company than are imposed by the Contract Standards. "Upset" has the meaning set forth in C.F.R. 122.41(n)(1). "Utilities" means any and all utility services and installations whatsoever (including gas, electricity, telephone, and telecommunications), and all piping, wiring, conduits, and other fixtures of every kind whatsoever related thereto or used in connection therewith. "Willful or Negligent Act, Error or Omission" means any willful act, willful error or willful omission or any negligent act, negligent error or negligent omission. 17