01-28-19 Regular Meeting of the La Porte City Council

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Treatment Facility, the City agrees to pay to GCA all costs and expenses to repair such damage and any extraordinary cost and expense associated with the treatment and disposal of such wastewater or Domestic Sewage/Municipal Waste that exceeds the parameters in Exhibit A, or that otherwise violates a term or condition of this Agreement. 2.06 INDEMNITY. TO THE EXTENT PERMITTED BY LAW, THE CITY AGREES TO INDEMNIFY AND HOLD GCA HARMLESS FROM ANY CIVIL LIABILITIES, FINES, OR PENALTIES, INCLUDING REASONABLE GCA AS A RESULT OF THE CITYGCA IN VIOLATION OF THE REQUIREMENTS SET FORTH IN THIS AGREEMENT. GCA SHALL BE ENTITLED TO REIMBURSEMENT FROM THE CITY FOR ANY SUCH CIVIL LIABILITIES, FINES, OR PENALTIES, OR ANY PART THEREOF, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, ACTUALLY PAID BY GCA, TO THE EXTENT THAT THE CITYPOSITION OF ANY SUCH CIVIL LIABILITIES, FINES, OR PENALTIES. 2.07. GCA shall accept wastewater at the Point of Delivery, in accordance herewith, seven (7) days a week, twenty-four (24) hours a day, except as may be restricted or prohibited by governmental authorities having jurisdiction, for shutdowns for required maintenance, or as determined by GCA as necessary to prevent harm to the Treatment Facility. If, at any time, GCA is restricted or prohibited from accepting delivery of the City wastewater, GCA shall notify the City verbally and in writing as soon as administratively feasible. 2.08. Capacity Curtailment. Notwithstanding any other provision of this Agreement to the contrary, if at any time during the term hereof GCA is required to curtail or reduce the volume of wastewater it can receive and treat at the Treatment Facility, whether such curtailment or reduction is due to Force Majeure or other reason, then the required percentage reduction in volume of wastewater received from the City shall be equal to the required percentage reduction in the volume of wastewater from the other users of the Treatment Facility. GCA will use its best efforts to provide as much advance notice as possible. III. Waste Measurement 3.01. The City shall provide all metering and monitoring devices that are necessary, as reasonably determined by GCA, to accurately measure the volume and strength of wastewater entering the Treatment Facility from City's Sanitary Sewage Collection and Transportation Facilities. Such metering and monitoring devices shall be located at or upstream of the Point of Delivery so that such devices only measure the City GCA shall maintain all such metering and monitoring devices, and reasonable costs of such maintenance shall be 4