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20. Force Maieure. 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 />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 />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 />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 />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 />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 />24. Notice. All notices or other communications required or permitted to be given <br />Landfill Services Agreement - Page 10 of 14 <br />