Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract become Hazardous Residuals, and cooperate with the City and all appropriate Governmental Bodies in effectuating the proper disposal thereof. The Company, in the most expeditious manner possible, shall cause Hazardous Residuals to be removed from the Facilities and transported to and disposed of at an Off-Site disposal facility authorized to receive and dispose of such Hazardous Residuals under Applicable Law, and shall take all necessary On-Site remediation steps. The cost of performing any identification, testing, removal, temporary storage, On-Site remediation, and Off-Site transportation and disposal measures with respect to such Hazardous Residuals (over and above normal due diligence of the Company as described at the beginning of subsection (B) of this section) shall be borne by the Company unless the Company demonstrates that it complied with the Hazardous Materials Detection requirements described in this section, in which case such costs (over and above normal due diligence costs of the Company as described at the beginning of subsection (B) of this section) shall be borne by the City. (D) Off-Site Remediation. In the event that Hazardous Residuals are transported and disposed of Off-Site, the costs associated with any necessary Off-Site remediation measures shall be borne by the Company, unless the Company demonstrates that it complied 'with the Hazardous Materials Detection requirements described in this section, in which case such costs shall be borne by the City. (E) Limitation of Company's Liability. Company's liability for remediation of Hazardous Residuals shall be limited to the extent the need for remediation was caused by a Willful or Negligent Act, Error or Omission of the Company. (F) Reimbursement of Costs. Any costs payable by the City under this Section shall be reimbursed to the Company in the Extraordinary Item Component of the Service Fee. SECTION 7.25. CHANGES IN LAW AFFECTING RESIDUALS MANAGEMENT SERVICES. (A) Change in Law Relief Authorized and Limited. The occurrence of a Change in Law, to the extent it affects the cost of performance of the Residuals Management Services shall not entitle the Company to relief under the "Change in Law" and "Uncontrollable Circumstances" provisions, except , except for changes in Federal or State law. (B) Mitigation. The Company shall use all commercially reasonable efforts to minimize any net incremental costs to the City under this Section, either by (1) causing the Subcontractor to mitigate its costs as contemplated by subsection 9.6(F), (2) changing practices related to the On-Site Residuals Handling Obligations, or (3) proposing a Capital Modification; provided, however, that the Company's duty to mitigate shall not impose upon the Company an obligation to change the Designated Disposal Site to another site. (C) Certain Severance Rights. From and after the date of a request by the Company for an adjustment of the Service Fee based on the occurrence of a Change in Law 55