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<br /> <br /> <br /> <br /> <br /> <br /> 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 /> <br /> <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 contract or <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 /> <br /> 14. Severability. 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 /> <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 /> <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 parry 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 /> <br /> <br /> FIFTH AMENDED LANDFILL SERVICE CONTRACT Page 8 <br /> 187 <br />