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20. Force Maieure. The performance of the Agreement may be suspended and the
<br />obligations of either party excused in the event of and during the period that such
<br />performance is prevented or, delayed by a Force Majeure occurrence. "Force
<br />Majeure" shall mean.:
<br />a. An act of God, including hurricanes, tornadoes, landslides, lightning,
<br />earthquakes, extreme weather conditions, fire, flood, explosion, sabotage or
<br />similar occurrence, acts of a public enemy, extortion, war, blockade or
<br />insurrection, riot, civil disturbance, strike or other labor disturbances,
<br />governmental actions or regulations, governmental requests or requisitions
<br />for national defense, or breakdown or injury to, or'shortagd in, facilities,used
<br />for the handling, processing or transportation of Solid Waste or any other
<br />cause beyond the :reasonable control of either party;
<br />b. The order or judgment of any federal, State, or local court, administrative
<br />agency or governmental body (excluding decisions of federal courts
<br />interpreting federal tax laws, and decisions of State courts interpreting State
<br />tax laws) if it is not also the result of the willful misconduct or negligent
<br />action or inaction of the party relying thereon; provided that neither the
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<br />contesting in good faith of any such order or judgment nor the failure to so
<br />contest shall constitute or be construed -as a measure of willful misconduct or
<br />negligent action or inaction of such party;
<br />C. The suspension, termination, interruption, denial, or non -renewal of any
<br />permit or approval essential to the operation of the Contractor if it is not the
<br />result of willful misconduct or negligent action or inaction oftheparty relying
<br />thereon;. or
<br />V
<br />21. Governing Law, The Agreement will. be governed and interpreted in accordance
<br />with the laws of the State of Texas. The services to be provided herein will be
<br />performed in Lamar County, Texas, and any questions or disputes arising from this
<br />contract -or the services provided herein shall be decided by'a County, or District
<br />Courtin Lamar County, Texas. Exclusive venue shall be,in Lamar County, Texas.
<br />22. Severability, If any provision of the Agreement is declared illegal, void, or
<br />unenforceable, the remaining provisions will not be affected but will remain in full
<br />force and effect.
<br />23. Assignment. No transfer or assignment of the Agreement or any right accruing
<br />under this Agreement will be made by either party hereunder without the written
<br />consent of the other party, which consent may be withheld in such party's sole
<br />discretion; provided, however, that Contractor may assign this Agreement to an
<br />affiliate. For purposes of this article, affiliate .means any entity that, directly or
<br />indirectly, controls, is controlled by, or is under common control, with Contractor,
<br />24. Notice. All notices or other communications required or permitted to be given
<br />Landfill -Services Agreement -Page 10 of 14
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