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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.
<br />12. Force Maieure. 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:
<br />(a) Any actual or threatened act of God, including humcanes, 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;
<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 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.
<br />Page 6 of 8
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