Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract non-compliance with Applicable Law, issued or given by any Governmental Body. The Company shall furnish the City with an immediate written notice describing the occurrence of any event or the existence of any circumstance which does or may result in any such notice of violation or non-compliance to the extent the Company has knowledge of any such event or circumstance, and of any Legal Proceeding alleging such non-compliance. (D) Fines. Penalties and Remediation. Except to the extent excused by Uncontrollable Circumstances, City Breach or except as set forth in subsections 7.7(C) and 7.7(D), in the event that the Company or any Subcontractor fails at any time to comply with Applicable Law with respect to the Facilities, Effluent Requirements, Effluent Re-Use, Sludge disposal, or other environmental or operating condition, the Company shall, without limiting any other remedy available to the City upon such an occurrence and notwithstanding any other provision of this Service Contract: (1) immediately correct such failure and resume compliance with Applicable Law; (2) payor reimburse the City for any resulting froes, assessments, levies, impositions, penalties or other charges; (3) indemnify, defend and hold harmless the City in accordance with Section 13.3 from any Loss and Expense resulting therefrom; (4) make changes in operating and management practices to the extent practicable which are necessary to assure that the failure of compliance with Applicable Law will not recur; and (5) comply with any corrective action plan filed with or mandated by any Governmental Body (except as to any Capital Modifications required by the plan) in order to remedy a failure of the Company to comply with Applicable Law. (E) No Nuisance Covenant. The Company shall keep the Facilities neat, clean and substantially litter-free at all times, and to the extent within the control of the Company, shall ensure that the operation of the Facilities does not create any odor, substantial litter, noise, fugitive dust, vector or other adverse environmental effects constituting, with respect to each of the foregoing, a nuisance condition under Applicable Law. Should any such nuisance condition occur which is the result of a Willful or Negligent Act, Error or Omission of the Company in the operation of the Facilities, the Company shall promptly and diligently remedy the condition, pay any regulatory fmes or penalties relating thereto, make changes in operating and management practices, to the extent practicable, necessary to prevent a recurrence of the nuisance condition and indemnify the City from any third party nuisance claims. (F) Reports to Governmental Bodies. The Company shall prepare all periodic and annual reports, make all information submittals and provide all notices to all Governmental Bodies required by all Governmental Approvals and under Applicable Law with respect to the Facilities, including sampling and testing results and monthly discharge monitoring or operating reports. Such reports shall contain all information required by the Governmental Body, and may be identical to comparable reports prepared for the City, if such 45