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Res 2005-105
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Res 2005-105
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4/25/2006 1:31:01 PM
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4/25/2006 1:23:47 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2005-105
Date
8/16/2005
Volume Book
162
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<br />The City of San Marcos Facilities Service Contract <br /> <br />SECTION 1.2. <br /> <br />INTERPRETATION. In this Service Contract notwithstanding <br /> <br />any other provision hereof: <br />(A) References Hereto. The terms "hereby," "hereof," "hereto," "herein," <br />"hereunder" and any similar terms refer to this Service Contract; and the term "hereafter" <br />means after, and the term "heretofore" means before, the Contract Date. <br />(B) Gender and Plurality. Words of the masculine gender mean and include <br />correlative words of the feminine and neuter genders, and words importing the singular <br />number mean and include the plural number and vice versa. <br />(C) Persons. Words importing persons include firms, companies, <br />associations, joint ventures, general partnerships, limited partnerships, limited liability <br />corporations, trusts, business trusts, corporations and other legal entities, including public <br />bodies, as well as individuals. <br />(D) Headings. The table of contents and any headings preceding the text of <br />the Articles, Sections and subsections of this Service Contract shall be solely for convenience of <br />reference and shall not affect its meaning, construction or effect. <br />(E) Entire Service Contract. This Service Contract contains the entire <br />agreement between the parties hereto with respect to the transactions contemplated by this <br />Service Contract. Without limiting the generality of the foregoing, this Service Contract shall <br />completely and fully supersede all other understandings and agreements among the parties <br />with respect to such transactions, including those contained in the City's RFP, the proposal the <br />Company submitted in response thereto, and any amendments or supplements to the RFP or <br />the proposal. <br /> <br />(F) Standards of Workmanship and Materials. Any reference in this Service <br />Contract to materials, equipment, systems or supplies (whether such references are in lists, <br />notes, specifications, schedules, or otherwise) shall be construed to require the Company to <br />furnish the same in accordance with the grades and standards therefore indicated in this <br />Service Contract. Where this Service Contract does not specify any explicit quality or standard <br />for construction materials or workmanship, the Company shall use only workmanship and new <br />materials of a quality consistent with Good Industry Practices. <br />(G) Technical Standards and Codes. References in this Service Contract to <br />all professional and technical standards, codes and specifications are to the most recently <br />published professional and technical standards, codes and specifications of the institute, <br />organization, association, authority or society specified, all as in effect as of the Contract Date. <br />Unless otherwise specified to the contrary, all such professional and technical standards, codes <br />and specifications shall apply as if incorporated herein. <br /> <br />18 <br />
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