Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract (C) Uninsured Costs. The City shall provide all funds necessary to pay the costs of repairing, replacing and restoring the Facilities in accordance with this Section and all insurance proceeds and recoveries from third parties resulting from damage to or the loss or destruction of the Facilities shall be for the account of the City, provided, however, that such costs not covered by insurance proceeds or third party payments shall be borne by the Company to the extent the loss, damage or destruction was not caused by, Uncontrollable Circumstances or City Breach and to the extent caused by the Company's Willful or Negligent Act, Error or Omission. (D) Repair of City and Private Property. The Company shall promptly repair or replace all City Property and all private property damaged by the Company or any officer, director, employee, representative, subcontractor or agent of the Company in connection with the performance of, or the failure to perform, the Contract Services. The repair and replacements, to the maximum extent reasonably practicable, shall restore the damaged property to its character and condition existing immediately prior to the damage. SECTION 9.8. CENTRIFUGE MAINTENANCE CONTRACT. The Company shall assume the City's existing centrifuge maintenance contract between the City and Westfalia. Mter expiration of the Westfalia contract, the Company will either renew the Westfalia contract or enter into a maintenance contract with another centrifuge maintenance provider unless otherwise agreed to in writing by the parties. The Company shall be responsible for all remaining payments to be made pursuant to such contracts and such payments shall be charged against the Corrective Maintenance Budget. 69