Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract immediate access to the Facilities, and no Company rule or procedure shall impede, impair or delay such access. City employees, agents, contractors and City designated third parties shall comply with all health and safety requirements. (E) Liens and Encumbrances. At all times during the Term of this Service Contract, the Company shall keep the Facilities free from any and all Liens and Encumbrances arising out of or in connection with (1) the Contract Services, or (2) any acts, omissions or debts of the Company, its Mfiliates and its Subcontractors, other than Liens arising by operation of law, which shall be promptly bonded or discharged. (F) Company Prohibitions. In addition to any other provision set forth herein and the limitations set forth under Applicable Law, the Company shall not: (1) change the nature of the business of the Facilities as currently conducted; (2) enter into any contract, commitment or transaction on behalf of the City unless expressly authorized by the City or this Service Contract; (3) utilize the Facilities or City Facilities Property for any purpose other than the continued operation of the Facilities, unless otherwise agreed to by the parties in writing; (4) share Facilities staff with other non-City facilities unless otherwise agreed to by the parties in writing; or (5) distribute, dispose of (except as authorized in writing by the City), transfer, convey, pledge, mortgage or encumber any of the assets of the Facilities. (G) Third-Party Access. Except as provided herein, the Company shall prohibit access to the Facilities to all unauthorized personnel and third parties. Upon notice by the City, the Company shall allow supervised access to the Facilities to City designated third parties, including persons affiliated with U.S. Fish and Wildlife Service, U.S. Environmental Protection Agency, Texas State University and the Texas Commission for Environmental Quality. Such third parties shall comply with the Company's reasonable operating and safety procedures and rules, and shall not interfere with the operations of the Facilities. SECTION 7.2. ACCESS AND USE. At all times during the Term, the Company may enter upon, occupy and use the Site and every part of the Facilities located thereon, to perform the Contract Services for the benefit of the City, all in accordance with the Service Contract, and for no other purpose unless otherwise agreed to by the parties in writing. SECTION 7.3. CITY'S RIGHTS WITH RESPECT TO BENEFICIAL USE OF RE- USE EFFLUENT. The City shall have the sole right to beneficially use Re-Use Effluent, or sell such Re-Use Effluent, for the beneficial use thereof by third parties, at any time during the 35