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<br />open top boxes when the same shall be full. Such tarping shall be in
<br />accordance with the laws of the State of Texas.
<br />
<br />11. Delivery of Waste. City agrees, acknowledges and confirms that for so long as
<br />the City operates a residential waste collection service, the City shall deliver to
<br />the Landfill for disposal all such residential Waste Materials, save and except
<br />materials being recycled by or through the City. In addition, if the City shall
<br />engage or utilize, or otherwise contract for the services of, a third party to collect
<br />residential Waste Materials, the City shall require that all such residential Waste
<br />Materials collected by such third party provider shall be delivered to and disposed
<br />of at the Landfill. In addition, the City shall deliver to the Landfill all construction
<br />and demolition material from all residential or commercial structures condemned
<br />and demolished by the City.
<br />
<br />12. Force Maieure. The performance of the Contract 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 />
<br />(a) Any actual or threatened act of God, including hurricanes, tornadoes,
<br />landslides, lightning, earthquakes, weather conditions, fire, flood,
<br />explosion, sabotage or similar occurrence, acts of a public enemy,
<br />extortion, war, blockade or insurrection, riot, civil disturbance, strike or
<br />other labor disturbances, governmental actions or regulations,
<br />governmental requests or requisitions for national defense, or breakdown
<br />or injury to, or shortage in, facilities used for the handling, processing or
<br />transportation of Solid Waste or any other cause beyond the reasonable
<br />control of either party;
<br />
<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
<br />State tax laws) if it is not also the result of the willful misconduct or
<br />negligent action or inaction of the party relying thereon; provided that
<br />neither the contesting in good faith of any such order or judgment nor the
<br />failure to so contest shall constitute or be construed as a measure of willful
<br />misconduct or negligent action or inaction of such party;
<br />
<br />(c) The suspension, termination, interruption, denial, or non-renewal of any
<br />permit or approval essential to the operation of the Contractor; or
<br />
<br />(d) A Change in Law. "Change in Law" means (i) the adoption, promulgation,
<br />or modification or reauthorization after the date of this Agreement of any
<br />law, regulation, order, statute, ordinance, rule or binding judicial or
<br />administrative ruling that was not adopted, promulgated, modified or
<br />reissued on or before the date of this Agreement, or (ii) the imposition of
<br />
<br />FIFTH AMENDMENT TO LANDFILL SERVICE CONTRACT
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