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11. Delivery of Waste. City agrees, acknowledges and confirms that for so long as the
<br />City operates a residential waste collection service, the City shall deliver to the
<br />Landfill for disposal all such residential Waste Materials, save and except materials
<br />being recycled by or through the City. In addition, if the City shall engage or utilize,
<br />or otherwise contract for the services of, a third parry to collect residential Waste
<br />Materials, the City shall require that all such residential Waste Materials collected
<br />by such third party provider shall be delivered to and disposed of at the Landfill. In
<br />addition, the City shall deliver to the Landfill all construction and demolition
<br />material from all residential or commercial structures condemned and demolished by
<br />the City.
<br />12. Force Majeure. 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 Maj eure occurrence. "Force Majeure"
<br />shall mean:
<br />(a) Any actual or threatened act of God, including hurricanes, tornadoes,
<br />landslides, lightning, earthquakes, weather conditions, fire, flood, explosion,
<br />sabotage or similar occurrence, acts of a public enemy, extortion, war,
<br />blockade or insurrection, riot, civil disturbance, strike or other labor
<br />disturbances, governmental actions or regulations, governmental requests or
<br />requisitions for national defense, or breakdown or injury to, or shortage in,
<br />facilities used for the handling, processing or transportation of Solid Waste
<br />or any other 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
<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; or
<br />(d) A Change in Law. "Change in Law" means (i) the adoption, promulgation, or
<br />modification or reauthorization after the date of this Agreement of any law,
<br />regulation, order, statute, ordinance, rule or binding judicial or administrative
<br />ruling that was not adopted, promulgated, modified or reissued on or before
<br />the date of this Agreement, or (ii) the imposition of any material conditions
<br />in connection with the issuance, renewal, or modification of any permit,
<br />license, registration, notice of intent or approval after the date of this
<br />Agreement, which in the case of either (a) or (b) establishes requirements
<br />FIFTH AMENDED LANDFILL SERVICE CONTRACT pie 7
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