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<br />July 1, 1992 <br /> <br />TWC Application No.:2965 <br />LPST No.:92680-B <br /> <br />5. By authorizing payment pursuant to this contract, the <br />Texas Water Commission makes no admission that the payments are for <br />necessary, reasonable or allowable costs, nor that the remediation <br />was not in excess of Texas Water Commission clean~up standards. <br /> <br />6. In the event the Commission issues an order compel1ing <br />the return of excess payments, claimant shall be liable to the <br />Texas Water Commission for all such excess payments plus all <br />hearing costs, including costs of preparation. <br /> <br />7. Venue for lawsuits, if any, against claimant pursuant to <br />this contract shall be in Travis County, Texas. <br /> <br />8. Disputes concerning overpayments from the PSTR Fund shall <br />be determined by applicable law, including but not limited to <br />Chapter 26.3573(j) of the Texas Water Code and 31 TAC 334 <br />Subchapter L. <br /> <br />It is further agreed to that if any provision of this contract <br />is determined to be il1egal or unenforceable, the remainder of the <br />contract shall not be affected thereby. <br /> <br />SIGNED: <br /> <br />TEXAS WATER COMMISSION <br /> <br />CITY OF SAN MARCOS <br /> <br />D~Jfn~'L ~ <br /> <br />Chief Fiscal Officer <br /> <br />? (~1;' <br />rr r6~ jA~ <br />Larry Gil1e~ <br />City Manager <br /> <br />by authority of: <br /> <br />Jesus Garza <br />Executive Director <br /> <br />Dated: 1- 1-'{""2- <br /> <br />Dated: September 15. 1992 <br /> <br />Return the signed subrogation contract and response form to: <br /> <br />Inez Schrader <br />PST Reimbursements Section <br />Fiscal Management Division <br />Texas Water Commission <br />