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<br /> Waste Materials collected by such third party provider shall be delivered to and
<br /> disposed of at the Landfill. In addition, the City shall deliver to the Landfill all
<br /> construction and demolition material from all residential or commercial structures
<br /> condemned and demolished by the City.
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<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 Majeure occurrence. "Force
<br /> Majeure" 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 or
<br /> 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 in
<br /> connection with the issuance, renewal, or modification of any permit, license,
<br /> registration, notice of intent or approval after the date of this Agreement,
<br /> which in the case of either (a) or (b) establishes requirements affecting a
<br /> 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.
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