Res 2006-045 - Laserfiche WebLink

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I I I operation and maintenance plan (the "O&M Plan") for TXI's use of the Reclaimed Water. The initial O&M Plan will be attached hereto as Exhibit A. prior to commencement of water delivery. TXI may modify this O&M Plan or adopt a new O&M Plan, subject to regulatory approval and compliance with all Laws and Regulations. Section 4.03. Term; Termination. A. The Initial Term of the Contract is ten (10) years commencing on the Effective Date.. This Contract may be renewed or extended for additional renewal terms with the mutual consent of the parties. B. The City may suspend the supply of Reclaimed Water under this Contract, without terminating the Contract, in the following circumstances: 1. TXI fails to pay any amount billed by the City to TXI under Section 1.04 of this Contract, unless TXI has notified the City in writing of a bona fide dispute concerning the bill prior to the deadline in the City's billing notice. 2. TXI fails to comply with any of the Laws and Regulations that apply to TXI's use ofthe Reclaimed Water, including but not limited to those contained in Title 30, Chapter 210 ofthe Texas Administrative Code, as amended. 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 TXI becomes insolvent, or commences, or has commenced against it, proceedings in bankruptcy, this will constitute a default by TXL 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 will 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 will terminate immediately without further notice to the defaulting party. The City's acceptance of TXI' s monthly payments subsequent to the occurrence of any event of default will be as compensation for the provision of Reclaimed Water, and will in no way constitute a waiver by the City of its right to exercise any remedy provided for any event of default. Section 4.04. Uncontrollable Circumstances. A. In this Contract, "Uncontrollable Circumstance" means any act, event, or condition beyond the control of a party that prevents the party from performing an obligation under this Contract. B. Neither party will be liable to the other for any failure or delay in performance of an obligation under this Contract that results directly from an Uncontrollable Circumstance. C. An act, event or condition is not beyond the reasonable control of a party if it is a result of any willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party. tkJ 3j;r107 7