Res 2007-041 - Laserfiche WebLink

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In addition, TXI will pay to the City the amounts of all federal and state, and local taxes, fees, and charges that may apply to the provision of Reclaimed Water under this Contract,. Regardless ofthe I actual amount of Reclaimed Water used by TXI each rnonth, TXI will pay a rninimurn rnonthly amount based on the price for 120,000 gallons per day at the applicable rate (e.g. in a 31 day month this is $4,501.20). This Minimum monthly amount will be reduced on a pro rata basis, however, for each full day in a month in which the supply of Reclaimed water is reduced below 120,000 GPD or ceases without fault of TXI. Section 3.02. Compliance with City's Regulations. TXI will cornply with the City's ordinances and regulations governing the use and supply of Reclaimed Water that are currently in effect and as they may be adopted or amended from time to time, provided that, if any future City ordinances or regulations result in a reasonably necessary expenditure by TXI or an increased operating cost to TXI, the City will allow TXI to recoup its expenditures or increased operating costs by direct offset against the amounts due to be paid by TXI hereunder. Section 3.03. Primary Supply. TXI agrees to use the City as its primary source ofreclairned water for the TXI Facility's operating purposes, provided the City is not in default under this Contract. Section 3.04. Reduction or Cessation of Supply of Reclaimed Water;. Notice. Except under emergency, when notice will be given as soon as practicable, , the City will notify TXI thirty days prior to undertaking scheduled maintenance ofthe Delivery Facilities that will require a reduction or cessation of supply of Reclaimed Water to the TXI Facility. The City will notify TXI as soon as I possible of any unscheduled maintenance or failure ofthe Delivery Facilities that has caused or will cause a reduction or cessation of supply of Reclaimed Water to the TXI Facility. The City will notify TXI at least 90 days prior to any other reduction or cessation by the City of supply of Reclaimed Water to the TXI Facility that is authorized by this Contract, unless the reduction or cessation is a suspension under Section 4.03.B below, or is based upon a default by TXI under Section 4.03.C below. Article 4. Miscellaneous Provisions Section 4.01. Regulatory Compliance. The obligations ofTXI and the City under this Contract are subject to all applicable federal, state and local laws and regulations currently in effect and as arnended or modified from tirne to tirne (the "Laws and Regulations"), including but not lirnited to Title 30, Chapter 210 of the Texas Administrative Code, as amended. A. The City is responsible for compliance with the Laws and Regulations that apply to the City Treatment Plant. B. The City is responsible for compliance with the Laws and Regulations that apply to the construction of the Delivery Facilities, and the rnaintenance of the Delivery Facilities after completion and acceptance by the City. C. TXI is responsible for cornpliance with the Laws and Regulations that apply to the use of the Reclaimed Water at the TXI Facility. This includes, but is not lirnited to, implementing an I 6 fP:J 3,h/~)