Res 2000-135 - Laserfiche WebLink

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Section 3.02. Regulatory Compliance. The obligations of Hays Energy and the City under this Contract are subject to all applicable federal, state and local laws and regulations currently in effect and as amended or modified from time to time (the "Laws and Regulations"). A. Subject to the provisions of Section 1.04.B, the City is responsible for compliance with the Laws and Regulations that apply to the Treatment Plant. B. Hays Energy is responsible for compliance with the Laws and Regulations that apply to the construction ofthe Wastewater Line. C. The City is responsible for compliance with the Laws and Regulations that apply to the operation of the Wastewater Line after its completion and acceptance by the City. D. Hays Energy is responsible for compliance with the Laws and Regulations governing the use of the City's wastewater treatment services, including without limitation, those applicable to industrial wastewater discharge. E. Hays Energy is responsible for compliance with the Laws and Regulations that apply to the Facility's zero liquid discharge equipment. Section 3.03. Term; Termination. A. The initial term of the Contract is 20 years commencing on the Effective Date. This Contract can be renewed or extended with the mutual consent of the parties. The wastewater treatment service to be provided by the City will commence on the earlier of 1) June 1, 2001, or 2) the date of the City's acceptance of the completed Wastewater Line. B. The City may suspend the provision of wastewater treatment services under this Contract, without terminating the Contract, in the following circumstances: 1. Hays Energy fails to pay any amount invoiced or billed by the City to Hays Energy under this Contract, unless Hays Energy has notified the City, in writing prior to the deadline in the City's billing notice, of a bona fide dispute concerning the invoice or bill. 2. Hays Energy fails to comply with any of the Laws and Regulations for which Hays Energy is responsible for compliance. C. The failure or refusal of a party to comply with any term, provision, or covenant of this Contract will constitute a default by that party. In addition, if Hays Energy becomes insolvent, or commences, or has commenced against it, proceedings in bankruptcy, this will constitute a default by Hays Energy. This Contract may be terminated by either party upon a default by the other party. In the event of a default by a party, the other party shall give the defaulting party written notice of default, and, if the defaulting party fails to cure or remedy the default within 30 days following receipt of notice, this Contract shall terminate immediately without further notice to the defaulting 5