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<br /> 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 party to collect residential Waste
<br /> Materials, the City shall require that all such residential Waste Materials collected
<br /> by such third parry 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.
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<br /> 12. Force Majeure. The performance of the Contract may be suspended and the
<br /> obligations of either parry 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:
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<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;
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<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;
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<br /> (c) The suspension, termination, interruption, denial, or non-renewal of any
<br /> permit or approval essential to the operation of the Contractor; or
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<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
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<br /> FIFTH AMENDED LANDFILL SERVICE CONTRACT Page 7
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