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<br /> <br /> <br /> <br /> <br /> <br /> <br /> 20. Force Majeure. The performance of the Agreement 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 /> <br /> a. An act of God, including hurricanes, tornadoes, landslides, lightning, <br /> earthquakes, extreme weather conditions, fire, flood, explosion, sabotage or <br /> similar occurrence, acts of a public enemy, extortion, war, blockade or <br /> insurrection, riot, civil disturbance, strike or other labor disturbances, <br /> governmental actions or regulations, governmental requests or requisitions <br /> for national defense, or breakdown or injury to, or shortage in, facilities used <br /> for the handling, processing or transportation of Solid Waste or any other <br /> 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 /> <br /> C. The suspension, termination, interruption, denial, or non-renewal of any <br /> permit or approval essential to the operation of the Contractor if it is not the <br /> result of willful misconduct or negligent action or inaction of the party relying <br /> thereon; or <br /> <br /> 21. Governing Law. The Agreement will be governed and interpreted in accordance <br /> with the laws of the State of Texas. The services to be provided herein will be <br /> performed in Lamar County, Texas, and any questions or disputes arising from this <br /> contract or the services provided herein shall be decided by a County or District <br /> Court in Lamar County, Texas. Exclusive venue shall be in Lamar County, Texas. <br /> <br /> 22. Severability. If any provision of the Agreement 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 /> 23. Assignment. No transfer or assignment of the Agreement or any right accruing <br /> under this Agreement will be made by either party hereunder without the written <br /> consent of the other party, which consent may be withheld in such party's sole <br /> discretion; provided, however, that Contractor may assign this Agreement to an <br /> affiliate. For purposes of this article, affiliate means any entity that, directly or <br /> indirectly, controls, is controlled by, or is under common control, with Contractor. <br /> <br /> 24. Notice. All notices or other communications required or permitted to be given <br /> <br /> Landfill Services Agreement - Page 10 of 14 82 <br />