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affecting a party's operation under this Agreement more burdensome than the <br />requirements that are applicable to such party and in effect as of the date of <br />this Agreement. A change in any federal, State, county, or other tax law or <br />workers compensation law shall not be a Change of Law. However, in the <br />event that a federal, State or local entity imposes a fee, charge or tax after the <br />date of this Agreement that applies to a party's operations per se, such fee, <br />charge or tax shall be treated as a Change in Law. <br />13. Governing Law. The Contract will be governed and interpreted in accordance with <br />the laws of the State of Texas. The services to be provided herein will be performed <br />in Lamar County, Texas, and any questions or disputes arising from this contractor <br />the services provided herein shall be decided by a County or District Court in Lamar <br />County, Texas. Exclusive venue shall be in Lamar County, Texas. <br />14. Severabilitv. If any provision of the Contract is declared illegal, void, or <br />unenforceable, the remaining provisions will not be affected but will remain in full <br />force and effect. <br />15. Assignment. No transfer or assignment of the Contract or any right accruing under <br />this Agreement will be made by either party hereunder without the written consent <br />of the other party, which consent may be withheld in such party's sole discretion; <br />provided, however, that Contractor may assign this Agreement to an affiliate. For <br />purposes of this article, affiliate means any entity that, directly or indirectly, controls, <br />is controlled by, or is under common control, with Contractor. <br />16. Notice. All notices or other communications required or permitted to be given <br />pursuant to the Contract shall be in writing and shall be considered as properly given <br />(i) if mailed by first class United States mail, postage prepaid, registered or certified <br />with return receipt requested, (ii) by delivering same in person to the intended <br />addressee, (iii) by delivery to an independent third party commercial delivery service <br />for same day or next day delivery and providing for evidence of receipt at the office <br />of the intended addressee, or (iv) by prepaid telegram, telex, or facsimile to the <br />addressee. Notice so mailed shall be effective upon its deposit with the United States <br />Postal Service or any successor thereto; notice sent by such a commercial delivery <br />service shall be effective upon delivery to such commercial delivery service; notice <br />given by personal delivery shall be effective only if and then received by the <br />addressee; and notice given by other means shall be effective only if and when <br />received at the office or designated place or machine of the intended addressee. <br />Notwithstanding anything contained herein to the contrary, any notice of default <br />under the Contract must be both (i) mailed by Certified Mail, Return Receipt <br />Requested and (ii) faxed to the alleged defaulting party to constitute proper notice <br />hereunder. For purposes of notice, the addresses of the parties shall be as set forth <br />below; provided, however, that either party shall have the right to change its address <br />for notice hereunder to any other location within the continental United States by the <br />giving of thirty (30) days' notice to the other party in the manner set forth herein. <br />FIFTH AMENDED LANDFILL SERVICE CONTRACT Page 8 <br />