04-B4 Landfill Service Contract - Laserfiche WebLink

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any material conditions in connection with the issuance, renewal, or modification of any permit, license, registration, notice of intent or approval after the date of this Agreement, which in the case of either ( a) or (b) establishes requirements affecting a party's operation under this Agreement more burdensome than the requirements that are applicable to such party and in effect as of the date of this Agreement. A change in any federal, State, county, or other tax law or workers compensation law shall not be a Change of Law. However, in the event that a federal, State or local entity imposes a fee, charge or tax after the date of this Agreement that applies to a party's operations per se, such fee, charge or tax shall be treated as a Change in Law. 13. Governin2: Law. The Contract will be governed and interpreted by construed in accordance with the laws of the State of Texas. The services to be provided herein will be perfonned in Lamar County, Texas, and any questions or dispute arising from this contract or the services provided herein shall be decided by a County or District Court in Lamar County, Texas Exclusive venue shall be in Lamar County, Texas. This Contract shall bc perfonnablc, and vcnuc shall lic, in Lamar County, Texas. 14. Severability. If any provision of the Contract is declared illegal, void, or unenforceable, the remaining provisions will not be affected but will remain in full force and effect. 15. Assi2:nment. No transfer or assignment of the Contract or any right accruing under this Agreement will be made by either party hereunder without the written consent of the other party, which consent may be withheld in such party's sole discretion; provided, however, that Contractor may assign this Agreement to an affiliate. For purposes of this article, affiliate means any entity that, directly or indirectly, controls, is controlled by, or is under common control, with Contractor. 16. Notice. All notices or other communications required or permitted to be given pursuant to the Contract shall be in writing and shall be considered as properly given (i) if mailed by first class United States mail, postage prepaid, registered or certified with return receipt requested, (ii) by delivering same in person to the intended addressee, (iii) by delivery to an independent third party commercial delivery service for same day or next day delivery and providing for evidence of receipt at the office of the intended addressee, or (iv) by prepaid telegram, telex, or facsimile to the addressee. Notice so mailed shall be effective upon its deposit with the United States Postal Service or any successor thereto; notice sent by such a commercial delivery service shall be effective upon delivery to such commercial delivery service; notice given by personal delivery shall be effective only if and when received by the addressee; and notice given by other means shall be effective only if and when received at the office or designated place or machine of the intended addressee. Notwithstanding anything contained herein to the contrary, any notice of default under the Contract must be both (i) mailed by FIFTH AMENDMENT TO LANDFILL SERVICE CONTRACT S:\citydata\Clerk\nbrown\Other\Fifth Amendment to Landfill Service Contract - V3R9-21.doc Page 8