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<br />The City of San Marcos Facilities Service Contract <br /> <br />ARTICLE VI <br />PERMITTING RESPONSIBILITIES <br /> <br />SECTION 6.1. COMPANY PERMITTING RESPONSIBILITIES. The Company <br />shall be responsible for the cost of applying for, obtaining, providing necessary reports required <br />under, and maintaining in force all Govemment Approvals required for the operation of the <br />Facilities (including periodic and renewal fees). In no event shall the Company be responsible <br />for the cost of any engineering or additional process or sampling that may be required in <br />connection with the renewal or modifications of any Permit. The Company shall comply with <br />such Govemmental Approvals. The Company shall not be responsible for incurring the costs of <br />outside services which are not routinely necessary to obtain such permits, including legal <br />counsel, expert witnesses and non-routine engineering or sampling. <br />SECTION 6.2. CITY PERMITTING RESPONSIBILITIES. The City will provide <br />the Company reasonable assistance in obtaining and maintaining required permits and <br />Govemmental Approvals. The City shall be responsible for obtaining permits or approvals <br />necessary for the implementation of Capital Modifications initiated by the City (unless the <br />parties mutually agree otherwise); provided, however, that the Company shall provide the City <br />with available data, reports, test results and other information and support that may be <br />reasonably necessary to obtain such permits and approvals. <br />SECTION 6.3. OTHER REPORTING REQUIREMENTS. The Company will <br />fully support the City's reporting requirements for regulatory agencies by providing available <br />data, reports, test results and other information which may be necessary for the City to comply <br />with such reporting requirements. <br /> <br />33 <br />