Common use of Excuse from Performance Clause in Contracts

Excuse from Performance. The parties shall be excused from performing their respective obligations hereunder in the event they are prevented from so performing by reason of floods, earthquakes, other "acts of God", war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by Franchisee's employees or directed at Franchisee or its selected facilities is not an excuse from performance and Franchisee shall be obligated to continue to provide service notwithstanding the occurrence of any or all such events. The party claiming excuse from performance shall, within two (2) days after such party has notice of such cause, give the other party notice of the facts constituting such cause and asserting its claim to excuse under this Section. The interruption or discontinuance of Franchisee's services caused by one or more of the events excused shall not constitute a default by Franchisee under this Agreement. Notwithstanding the foregoing, however, if Franchisee is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of seven (7) days or more, City shall have the right to review the circumstances under which the excuse from performance was granted. After such review, if the City determines the excuse from service is no longer valid, the City shall notify the Franchisee in writing to resume service within two (2) days from the receipt of such notification. If the Franchisee fails to resume service withinthe two

Excuse from Performance. The parties Parties shall be excused from performing their respective obligations hereunder in the event if they are prevented from so performing by reason of floods, earthquakes, other "acts of God"nature, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the party Party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by FranchiseeContractor's employees or directed at Franchisee or its selected facilities Contractor is not an excuse from performance and Franchisee Contractor shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. The party Party claiming excuse from performance shall, within two (2) days Business Days after such party Party has notice of such cause, give the other party Party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of FranchiseeContractor's services caused by one or more of the events excused described in this Section shall not constitute a default by Franchisee Contractor under this Agreement. Notwithstanding the foregoing, however, if Franchisee Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of seven thirty (730) calendar days or more, City the SCWMA shall nevertheless have the right right, in its sole discretion, to review terminate this Agreement by giving ten (10) calendar days notice to Contractor unless Contractor has demonstrated, by the circumstances under which thirtieth (30th) calendar day, to the excuse from performance satisfaction of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was granted. After such review, if the City determines the excuse from service is no longer valid, the City shall notify the Franchisee in writing to resume service within two (2) days from the receipt of such notification. If the Franchisee fails to resume service withinthe twointerrupted or discontinued by Contractor.

Excuse from Performance. The parties shall be excused from performing their respective obligations hereunder in the event they are prevented from so performing by reason of floods, earthquakes, other "acts of God", war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by Franchisee's employees or directed at Franchisee or its selected facilities is not an excuse from performance and Franchisee shall be obligated to continue to provide service notwithstanding the occurrence of any or all such events. The party claiming excuse from performance shall, within two (2) days after such party has notice of such cause, give the other party notice of the facts constituting such cause and asserting its claim to excuse under this SectionArticle. The interruption or discontinuance of Franchisee's services caused by one or more of the events excused shall not constitute a default by Franchisee under this Agreement. Notwithstanding the foregoing, however, if Franchisee is excused from performing its obligations hereunder for any of the causes listed in this Section Article for a period of seven thirty (730) days or more, City District shall have the right to review the circumstances under which the excuse from performance was granted. After such review, if the City District determines the excuse from service is no longer valid, the City District shall notify the Franchisee in writing to resume service within two (2) days from the receipt of such notification. If the Franchisee fails to resume service withinthe twowithin the two (2) days, the District shall have the right to terminate this Agreement by giving ten (10) days notice, in which case the provisions relative to taking possession of Franchisee's land, equipment and other property and engaging Franchisee's personnel in Article 12, District's Right to Perform Services, and this Article 13 shall apply.

Excuse from Performance. The parties shall be excused from performing their respective obligations hereunder in the event they are prevented from so performing by reason of floods, earthquakes, other "“acts of God", ,” war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other their concerted job action conducted by Franchisee's ’s employees or directed at Franchisee or its selected facilities is not an excuse from performance and Franchisee shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events; provided, that in the case of labor, unrest or job action directed at a third party (e.g., customer) over whom the Franchisee has no control, the inability of the Franchisee to make collections due to the unwillingness or failure of the third party to provide reasonable assurance of the safety of Franchisee’s employees while making collections or to make reasonable accommodations with respect to container placement and point of delivery, time of collection or other operating circumstances to minimize any confrontation with pickets or the number of persons necessary to make collections shall, to that limited extent, excuse performance and provided further that the foregoing excuse shall be conditioned on the Franchisee’s cooperation in making collection at different times and in different locations. The party claiming excuse from performance shall, within two (2) working days after such party has notice of such cause, give the other party notice of the facts constituting such cause and asserting its claim to excuse under this Section. The interruption or discontinuance Notwithstanding, Franchisee in the event of Franchisee's services caused by one or more of a catastrophic event shall comply with the events excused shall not constitute a default by Franchisee City’s emergency preparedness plan. In the event that either party validly exercises its rights under this AgreementSection, the parties hereby waive any claim against each other for any damages sustained thereby. Notwithstanding the foregoing, foregoing however, (1) the existence of an excuse from performance will not affect the City’s rights under this Section; and (2) if Franchisee is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of seven thirty (730) days or more, City shall have other than as the right to review the circumstances under which the excuse from performance was granted. After such review, if the City determines the excuse from result of third party labor disputes where service is no longer validcannot be provided for reasons described earlier in this Section, the City shall notify nevertheless have the Franchisee right, in writing its sole discretion, to resume service within two terminate this Agreement by giving ten (210) working days from notice, in which case the receipt provisions of such notification. If the Franchisee fails to resume service withinthe twoSection 9.2 will apply.

Excuse from Performance. The parties Parties understand and agree herein that the services provided under this Agreement are critical to the protection of public health and safety and that Contractor is expected to perform these services despite the occurrence of events that may otherwise give rise to Force Majeure conditions. The Parties herein agree that the obligations for excuse from performance under this Agreement should and do have a higher standard than the general law understanding of Force Majeure. In particular, a Party shall be excused from performing their respective obligations hereunder in the event and from any obligation to pay Liquidated Damages if they are prevented from so performing by reason of floods, earthquakes, other "acts of God"nature, war, civil insurrection, riots, acts of any domestic government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the party Party claiming excuse from performance hereunder. Labor However, performance shall only be excused If the Party requesting relief from performance can specifically demonstrate that the performance of a specific obligation is impossible and shall only be excused from those requirements which are demonstrated to be impossible. All other performance obligations that remain possible, shall be required to continue. In the case of labor unrest or job action directed at a third party over whom Contractor has no control, the inability of Contractor to provide services in accordance with this Agreement due to the unwillingness or failure of the third party to: (i) provide reasonable assurance of the safety of Contractor's employees while providing such services; or, (ii) make reasonable accommodations with respect to Container placement and point of Delivery, time of Collection, or other operating circumstances to minimize any confrontation with pickets or the number of Persons necessary to make Collections shall, to that limited extent, excuse performance. The foregoing excuse shall be conditioned on Contractor's cooperation in performing Collection services at different times and in different locations. Further, in the event of labor unrest, including but not limited to strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted job action conducted by Franchisee's the Contractor’s employees or directed at Franchisee the Contractor, or its selected facilities is a subsidiary, the Contractor shall not an be excused from performance. In such case, Contractor shall continue to provide a reasonably satisfactory level of performance during the pendency thereof, but the Contractor shall not be required to adhere strictly to the specific requirements of this Agreement regarding routes, Collection times or similar matters; provided, however, that in no event shall more than seven (7) calendar days elapse between pickups for Residential and Commercial Customers. Any labor action initiated by Contractor, including but not limited to a lock-out, shall not be grounds for any excuse from performance and Franchisee Contractor shall be obligated to continue to provide service notwithstanding perform all obligations under this Agreement during the occurrence pendency of any or all such eventsContractor-initiated labor action. The party Party claiming excuse from performance shall, within two (2) calendar days after such party Party has notice of such cause, give the other party Party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of FranchiseeContractor's services caused by one (1) or more of the events excused described in this Article shall not constitute a default by Franchisee Contractor under this Agreement. Notwithstanding the foregoing, however, if Franchisee Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of seven thirty (730) calendar days or more, City shall nevertheless have the right right, in its sole discretion, to review terminate this Agreement by giving ten (10) Business Days’ notice to Contractor, in which case the circumstances under which the excuse from performance was granted. After such review, if the City determines the excuse from service is no longer valid, the City provisions of Section 10.4 shall notify the Franchisee in writing to resume service within two (2) days from the receipt of such notification. If the Franchisee fails to resume service withinthe twoapply.

Excuse from Performance. ‌ 2722 The parties Parties shall be excused from performing their respective obligations hereunder in the event and from any 2723 obligation to pay Liquidated Damages if they are prevented from so performing by reason of floods, 2724 earthquakes, other "acts of God"nature, war, terrorist activity, civil insurrection, riots, acts of any government 2725 (including judicial action), and other similar catastrophic events which are beyond the control of and not 2726 the fault of the party Party claiming excuse from performance hereunder. Labor In the case of labor unrest or job 2727 action directed at a third party over whom Contractor has no control, the inability of Contractor to 2728 provide services in accordance with this Agreement due to the unwillingness or failure of the third party 2729 to: (i) provide reasonable assurance of the safety of Contractor's employees while providing such 2730 services; or, (ii) make reasonable accommodations with respect to Container placement and point of 2731 Delivery, time of Collection, or other operating circumstances to minimize any confrontation with 2732 pickets or the number of Persons necessary to make Collections shall, to that limited extent, excuse 2733 performance. The foregoing excuse shall be conditioned on Contractor's cooperation in performing 2734 Collection services at different times and in different locations. Further, in the event of labor unrest, 2735 including but not limited to strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted 2736 job action conducted by Franchisee's the Contractor’s employees or directed at Franchisee the Contractor, or its selected facilities is a subsidiary, the 2737 Contractor shall not an excuse be excused from performance and Franchisee performance. In such case, Contractor shall be obligated to continue to provide service notwithstanding a 2738 reasonably satisfactory level of performance during the occurrence pendency thereof, but the Contractor shall not 2739 be required to adhere strictly to the specific requirements of any this Agreement regarding routes, 2740 Collection times or all such eventssimilar matters; provided, however, that in no event shall more than seven (7) 2741 calendar days elapse between pickups for Residential and Commercial Customers. 2742 The party Party claiming excuse from performance shall, within two (2) calendar days after such party Party has 2743 notice of such cause, give the other party Party notice of the facts constituting such cause and asserting its 2744 claim to excuse under this Section. 2745 If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against 2746 each other for any damages sustained thereby. 2747 The partial or complete interruption or discontinuance of FranchiseeContractor's services caused by one (1) or 2748 more of the events excused described in this Article shall not constitute a default by Franchisee Contractor under this 2749 Agreement. Notwithstanding the foregoing, however, if Franchisee Contractor is excused from performing its 2750 obligations hereunder for any of the causes listed in this Section for a period of seven thirty (730) calendar days 2751 or more, City shall nevertheless have the right right, in its sole discretion, to review terminate this Agreement by 2752 giving ten (10) Business Days’ notice to Contractor, in which case the circumstances under which the excuse from performance was granted. After such review, if the City determines the excuse from service is no longer valid, the City provisions of Section 10.4 shall notify the Franchisee in writing to resume service within two (2) days from the receipt of such notification. If the Franchisee fails to resume service withinthe two2753 apply.

Excuse from Performance. The parties Parties shall be excused from performing their respective obligations hereunder in and from any obligation to pay Liquidated Damages to the event extent and for the period of time they are prevented from so performing by reason of floods, earthquakes, other "acts of God"nature, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the party Party claiming excuse from performance hereunder. Labor In the case of labor unrest or job action directed at a third party over whom CONTRACTOR has no control, the inability of the CONTACTOR to provide services in accordance with this Agreement due to the unwillingness or failure of the third party to: (i) provide reasonable assurance of the safety of the CONTACTOR’s employees while providing such services; or, (ii) make reasonable accommodations with respect to Container placement and point of Delivery, time of Collection, or other operating circumstances to minimize any confrontation with pickets or the number of Persons necessary to make Collections shall, to that limited extent, excuse performance. The foregoing excuse shall be conditioned on the CONTRACTOR’s cooperation in performing Collection services at different times and in different locations. Further, in the event of labor unrest, including but not limited to strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted job action conducted by Franchisee's the CONTRACTOR’s employees or directed at Franchisee the CONTRACTOR, or its selected facilities is a subsidiary, the CONTRACTOR shall not an excuse be excused from performance and Franchisee performance. In such case, the CONTACTOR shall be obligated to continue to provide service notwithstanding a reasonably satisfactory level of performance during the occurrence pendency thereof, but the CONTRACTOR shall not be required to adhere strictly to the specific requirements of any this Agreement regarding routes, Collection times or all such eventssimilar matters; provided, however, that in no event shall more than seven (7) calendar days elapse between pickups for Residential and Commercial Customers. The party Party claiming excuse from performance shall, within two (2) calendar days after such party Party has notice of such cause, give the other party Party notice of the facts constituting such cause and asserting its claim to excuse under this SectionArticle. If either Party validly exercises its rights under this Article, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of Franchisee's the CONTACTOR’s services caused by one (1) or more of the events excused described in this Article shall not constitute a default by Franchisee the CONTRACTOR under this Agreement. Notwithstanding the foregoing, however, if Franchisee the CONTRACTOR is excused from performing its obligations hereunder for any of the causes listed in this Section Article for a period of seven thirty (730) calendar days or more, City the CITY shall nevertheless have the right right, in its sole discretion, to review terminate this Agreement by giving ten (10) Business Days’ notice to the circumstances under CONTRACTOR, in which case the excuse from performance was granted. After such review, if the City determines the excuse from service is no longer valid, the City provisions of Article 12.3 shall notify the Franchisee in writing to resume service within two (2) days from the receipt of such notification. If the Franchisee fails to resume service withinthe twoapply.

Excuse from Performance. Deleted: Contractor Deleted: Contractor Deleted: Contractor Deleted: ¶ Deleted: days Deleted: ¶ Formatted: Indent: Left: 0", First line: 0" Deleted: Contractor Deleted: Contractor Deleted: Contractor Deleted: Deleted: ¶ ¶ Deleted: days Deleted: Contractor Deleted: days Deleted: Contractor Deleted: days Deleted: 1O) days Deleted: Contractor Deleted: Contractor Deleted: Contractor Deleted: Contractor Deleted: Contractor Deleted: Contractor Deleted: Deleted: Deleted: ¶ The parties shall be excused from performing their respective obligations hereunder in the event they are prevented from so performing by reason of floods, earthquakes, other "acts of God", war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by Franchisee's employees or directed at Franchisee or its selected facilities is not an excuse from performance and Franchisee shall be obligated to continue to provide service notwithstanding the occurrence of any or all such events. The party claiming excuse from performance shall, within two (2) days Business Days after such party has notice of such cause, give the other party notice of the facts constituting such cause and asserting its claim to excuse under this Section. The interruption or discontinuance of Franchisee's services caused by one or more of the events excused shall not constitute a default by Franchisee under this Agreement. Notwithstanding the foregoing, however, if Franchisee is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of seven (7) days Business Days or more, City shall have the right to review the circumstances under which the excuse from performance was granted. After such review, if the City determines the excuse from service is no longer valid, the City shall notify the Franchisee in writing to resume service within two (2) days Business Days from the receipt of such notification. If the Franchisee fails to resume service withinthe twowithin the two (2) Business Days, the City shall have the right to terminate this Agreement by giving ten (10) Business Days’ notice, in which case the provisions relative to taking possession of Franchisee's land, equipment and other property and engaging Franchisee's personnel in Article 11, City's Right to Perform Services, and this Article 12 shall apply.

Excuse from Performance. The parties Notwithstanding any other provision in this Agreement, each Party shall be excused from performing their its respective obligations hereunder in the event they are and from any obligation to pay Liquidated Damages if it is prevented from so performing by reason of floods, earthquakes, other "acts of God"nature, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the party Party claiming excuse from performance hereunderhereunder (each a “Force Majeure Event”). Labor In the case of labor unrest or job action directed at a third party over whom Contractor has no control, the inability of Contractor to provide services in accordance with this Agreement due to the unwillingness or failure of the third party to: (i) provide reasonable assurance of the safety of Contractor's employees while providing such services; or (ii) make reasonable accommodations with respect to Container placement and point of Delivery, time of Collection, or other operating circumstances to minimize any confrontation with pickets or the number of Persons necessary to make Collections shall, to that limited extent, excuse performance. The foregoing excuse shall be conditioned on Contractor's cooperation in performing Collection services at different times and in different locations. Further, in the event of labor unrest, including but not limited to strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted job action conducted by Franchisee's the Contractor’s employees or directed at Franchisee the Contractor, or its selected facilities is a subsidiary, the Contractor shall not an be excused from performance. In such case, Contractor shall continue to provide a reasonably satisfactory level of performance during the pendency thereof, but the Contractor shall not be required to adhere strictly to the specific requirements of this Agreement regarding Routes, Collection times or similar matters; provided, however, that in no event shall more than seven (7) calendar days elapse between pickups for Residential and Commercial Customers. Any labor action initiated by Contractor, including but not limited to a lock-out, shall not be grounds for any excuse from performance and Franchisee Contractor shall be obligated to continue to provide service notwithstanding perform all obligations under this Agreement during the occurrence pendency of any or all such eventsContractor-initiated labor action. The party Party claiming excuse from performance shall, within two (2) calendar days after such party Party has notice of such cause, give the other party Party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of FranchiseeContractor's services caused by one (1) or more of the events excused Force Majeure Events shall not constitute a default by Franchisee Contractor under this Agreement. Notwithstanding the foregoing, however, if Franchisee Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of seven thirty (730) calendar days or more, City shall nevertheless have the right right, in its sole discretion, to review terminate this Agreement by giving ten (10) Business Days’ notice to Contractor provided Contractor does not fully resume performance of its obligations hereunder within such ten (10) Business Days, in which case the circumstances under which the excuse from performance was granted. After such review, if the City determines the excuse from service is no longer valid, the City provisions of Section 10.4 shall notify the Franchisee in writing to resume service within two (2) days from the receipt of such notification. If the Franchisee fails to resume service withinthe twoapply.

Excuse from Performance. The parties shall be excused from performing their respective obligations hereunder in the event they are prevented from so performing by reason of floods, earthquakes, other "acts of God", ," war, civil insurrection, riots, labor unrest, acts of any government (including judicial action), and other similar catastrophic events which that are beyond the control of and not the fault of the party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by FranchiseeCompany's employees or directed at Franchisee or its selected facilities is not an excuse from performance and Franchisee Company shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. The party claiming excuse from performance shall, within 48 hours (two (2) days business days) after such party has notice of such cause, give the other party notice of the facts constituting such cause and asserting its claim to excuse under this Section. The interruption or discontinuance of FranchiseeCompany's services caused by one or more of the events excused shall not constitute a default by Franchisee Company under Section 10.1 of this Agreement. Notwithstanding In the foregoingevent the Company is prevented from providing service, howevereither due to attachment or any other factor set forth above, if Franchisee is excused from performing its obligations hereunder for any of the causes listed in this Section including judicial action, for a period of seven thirty (730) days or more, City shall it is understood and agreed that the District will have the right to review provide service pursuant to Article 9, either directly or by subcontracting with a third party. Under circumstances where the circumstances under which Company has failed to provide service and the excuse from performance was granted. After such reviewdefault is excused, if the City determines the excuse from service is no longer validas set forth above, the City shall notify District has the Franchisee in writing right to resume perform such services or to subcontract for the same, for up to one (1) year. In the case of excused labor unrest set forth above, however, the District has the right to perform said services or to subcontract for the same, for a period of up to six (6) months. Company agrees to pay the District's cost of providing the service. If, after the time specified herein, Company cannot thereafter provide service within two (2) days from as agreed, the receipt of such notification. If District can declare default and terminate the Franchisee fails to resume service withinthe twoAgreement.

Excuse from Performance. The parties shall be excused from performing their respective obligations hereunder in the event they are prevented from so performing by reason of floods, earthquakes, other "acts of God", war, civil Deleted: <object> Deleted: Contractor Deleted: Contractor Deleted: Contractor insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by Franchisee's employees or directed at Franchisee or its selected facilities is not an excuse from performance and Franchisee shall be obligated to continue to provide service notwithstanding the occurrence of any or all such events. The party claiming excuse from performance shall, within two (2) days after such party has notice of such cause, give the other party notice of the facts constituting such cause and asserting its claim to excuse under this Section. The interruption or discontinuance of Franchisee's services caused by one or more of the events excused shall not constitute a default by Franchisee under this Agreement. Agreement Notwithstanding the foregoing, however, if Franchisee is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of seven (7) days or more, City shall have the right to review the circumstances under which the excuse from performance was granted. After such review, if the City determines the excuse from service is no longer valid, the City shall notify the Franchisee in writing to resume service within two (2) days from the receipt of such notification. If the Franchisee fails to resume service withinthe twowithin the two (2) days, the City shall have the right to terminate this Agreement by giving ten (10) days notice, in which case the provisions relative to taking possession of Franchisee's land, equipment and other property and engaging Franchisee's personnel in Article 11, City's Right to Perform Services, and this Article 12 shall apply.

Excuse from Performance. The parties Each Party shall be excused from performing their its respective obligations hereunder in and from any obligation to pay Liquidated Damages to the event they are extent and for the period of time such Party is prevented from so performing by reason of floods, fires, earthquakes, other "acts of God"nature, epidemics, pandemics, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the party Party claiming excuse from performance hereunder. Labor In the case of labor unrest or job action directed at a third party over whom Contractor has no control, the inability of Contractor to provide services in accordance with this Agreement due to the unwillingness or failure of the third party to: (i) provide reasonable assurance of the safety of Contractor’s employees while providing such services, or (ii) make reasonable accommodations with respect to Container placement and point of Delivery, time of Collection, Disposal, or other operating circumstances to minimize any confrontation with pickets or the number of Persons necessary to make Collections shall, to that limited extent, excuse performance. The foregoing excuse shall be conditioned on Contractor’s cooperation in performing Collection and/or Disposal services at different times and in different locations. Further, in the event of labor unrest, including including, but not limited to to, strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted job action conducted by Franchisee's Contractor’s employees or directed at Franchisee Contractor, or its selected facilities is a subsidiary, Contractor shall not an excuse be excused from performance and Franchisee performance. In such case, Contractor shall be obligated to continue to provide service notwithstanding a reasonably satisfactory level of performance during the occurrence pendency thereof, but Contractor shall not be required to adhere strictly to the specific requirements of any this Agreement regarding routes, Collection times or all such eventssimilar matters; provided, however, that in no event shall more than seven (7) calendar days elapse between pickups of putrescibles from Residential and Commercial Customers. The party Party claiming excuse from performance shall, within two (2) calendar days after such party Party has notice of such cause, give the other party Party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If Contractor validly exercises its rights under this Section, the Agency hereby waives any claim against Contractor for any damages sustained thereby, including, without limitation, Liquidated Damages. The partial or complete interruption or discontinuance of Franchisee's Contractor’s services caused by one or more of the events excused described in this Section shall not constitute a default by Franchisee Contractor under this Agreement. Notwithstanding the foregoing, however, if Franchisee Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of seven thirty (730) calendar days or more, City the Agency shall nevertheless have the right right, in its sole discretion, to review terminate this Agreement by giving ten (10) Business Days’ notice to Contractor, in which case the circumstances under which the excuse from performance was granted. After such review, if the City determines the excuse from service is no longer valid, the City provisions of Sections 11.2 and 11.3 shall notify the Franchisee in writing to resume service within two (2) days from the receipt of such notification. If the Franchisee fails to resume service withinthe twoapply.

Excuse from Performance. ‌ The parties Parties shall be excused from performing their respective obligations hereunder in and from any obligation to pay Liquidated Damages to the event extent and for the period of time they are prevented from so performing by reason of floods, earthquakes, other "acts of God"nature, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the party Party claiming excuse from performance hereunder. Labor In the case of labor unrest or job action directed at a third party over whom CONTRACTOR has no control, the inability of the CONTRACTOR to provide services in accordance with this Agreement due to the unwillingness or failure of the third party to: (i) provide reasonable assurance of the safety of the CONTRACTOR’s employees while providing such services; or, (ii) make reasonable accommodations with respect to Container placement and point of Delivery, time of Collection, or other operating circumstances to minimize any confrontation with pickets or the number of Persons necessary to make Collections shall, to that limited extent, excuse performance. The foregoing excuse shall be conditioned on the CONTRACTOR’s cooperation in performing Collection services at different times and in different locations. Further, in the event of labor unrest, including but not limited to strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted job action conducted by Franchisee's the CONTRACTOR’s employees or directed at Franchisee the CONTRACTOR, or its selected facilities is not an excuse a subsidiary, the CONTRACTOR shall be excused from performance and Franchisee shall be obligated to continue to provide service notwithstanding for the occurrence first five (5) days of any or all such eventslabor unrest. The party Party claiming excuse from performance shall, within two (2) calendar days after such party Party has notice of such cause, give the other party Party notice of the facts constituting such cause and asserting its claim to excuse under this SectionArticle. If either Party validly exercises its rights under this Article, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of Franchisee's the CONTRACTOR’s services caused by one (1) or more of the events excused described in this Article shall not constitute a default by Franchisee the CONTRACTOR under this Agreement. Notwithstanding the foregoing, however, if Franchisee the CONTRACTOR is excused from performing all of its obligations hereunder for any of the causes listed in this Section Article for a period of seven (7) days or more, City shall have the right to review the circumstances under which the excuse from performance was granted. After such review, if the City determines the excuse from service is no longer valid, the City shall notify the Franchisee in writing to resume service within two (2) days from the receipt of such notification. If the Franchisee fails to resume service withinthe twothirty

Excuse from Performance. The parties Parties understand and agree herein that the services provided under this Agreement are critical to the protection of public health and safety and that Contractor is expected to perform these services despite the occurrence of events that may otherwise give rise to Force Majeure conditions. The Parties herein agree that the obligations for excuse from performance under this Agreement should and do have a higher standard than the general law understanding of Force Majeure. In particular, a Party shall be excused from performing their respective obligations hereunder in the event and from any obligation to pay Liquidated Damages if they are prevented from so performing by reason of floods, earthquakes, other "acts of God"nature, war, civil insurrection, riots, acts of any domestic government (including judicial action), and other similar catastrophic events which that are beyond the control of and not the fault of the party Party claiming excuse from performance hereunder. Labor However, performance shall only be excused if the Party requesting relief from performance can specifically demonstrate that the performance of a specific obligation is impossible and shall only be excused from those requirements that are demonstrated to be impossible. All other performance obligations that remain possible, shall be required to continue. In the case of labor unrest or job action directed at a third party over whom Contractor has no control, the inability of Contractor to provide services in accordance with this Agreement due to the unwillingness or failure of the third party to: (i) provide reasonable assurance of the safety of Contractor's employees while providing such services; or, (ii) make reasonable accommodations with respect to Container placement and point of Delivery, time of Collection, or other operating circumstances to minimize any confrontation with pickets or the number of Persons necessary to make Collections shall, to that limited extent, excuse performance. The foregoing excuse shall be conditioned on Contractor's cooperation in performing Collection services at different times and in different locations. Further, in the event of labor unrest, including but not limited to strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted job action conducted by Franchisee's the Contractor’s employees or directed at Franchisee the Contractor, or its selected facilities is a subsidiary, the Contractor shall not an be excused from performance. In such case, Contractor shall continue to provide a reasonably satisfactory level of performance during the pendency thereof, but the Contractor shall not be required to adhere strictly to the specific requirements of this Agreement regarding routes, Collection times, or similar matters; provided, however, that in no event shall more than seven (7) calendar days elapse between pickups for Residential and Commercial Customers. Any labor action initiated by Contractor including, but not limited to, a lock-out, shall not be grounds for any excuse from performance and Franchisee Contractor shall be obligated to continue to provide service notwithstanding perform all obligations under this Agreement during the occurrence pendency of any or all such eventsContractor-initiated labor action. The party Party claiming excuse from performance shall, within two (2) calendar days after such party Party has notice of such cause, give the other party Party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of FranchiseeContractor's services caused by one (1) or more of the events excused described in this Article shall not constitute a default by Franchisee Contractor under this Agreement. Notwithstanding the foregoing, however, if Franchisee Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of seven thirty (730) calendar days or more, City Authority shall nevertheless have the right right, in its sole discretion, to review terminate this Agreement by giving ten (10) Business Days’ notice to Contractor, in which case the circumstances under which the excuse from performance was granted. After such review, if the City determines the excuse from service is no longer valid, the City provisions of Section 10.4 shall notify the Franchisee in writing to resume service within two (2) days from the receipt of such notification. If the Franchisee fails to resume service withinthe twoapply.

Excuse from Performance. The parties shall be excused from performing their respective obligations hereunder in the event they are prevented from so performing by reason of floods, earthquakes, other "acts of God", ," war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted job action conducted by Franchisee's employees or directed at Franchisee or its selected facilities is not an excuse from performance and Franchisee Contractor shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. The party claiming excuse from performance shall, within two (2) days after such party has notice of such cause, give the other party notice of the facts constituting such cause and asserting its claim to excuse under this Section. In the event that either party validly exercises its rights under this Section, the parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of FranchiseeContractor's services caused by one or more of the events excused described in this Section shall not constitute a default by Franchisee Contractor under this Agreement. Notwithstanding the foregoing, however, (1) the existence of an excuse from performance will not affect the City's rights under Sections 10.01 and 10.02, and (2) if Franchisee Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of seven fourteen (714) days or more, City shall have the right to review the circumstances under which the excuse from performance was granted. After such review, if the City determines the excuse from service is no longer valid, the City shall notify nevertheless have the Franchisee right, in writing its sole discretion, to resume service within two terminate this Agreement by giving ten (210) days from notice, in which case the receipt provisions of such notification. If the Franchisee fails to resume service withinthe twoSection 11.03 will apply.

Excuse from Performance. The parties shall be excused from performing their respective obligations hereunder in the event they are prevented from so performing by reason of floods, earthquakes, other "acts of God", war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by FranchiseeContractor's employees or directed at Franchisee Contractor or its selected facilities is not an excuse from performance and Franchisee Contractor shall be obligated to continue to provide service notwithstanding the occurrence of any or all such events. Deleted: <object> The party claiming excuse from performance shall, within two (2) days after such party has notice of such cause, give the other party notice of the facts constituting such cause and asserting its claim to excuse under this Section. The interruption or discontinuance of FranchiseeContractor's services caused by one or more of the events excused shall not constitute a default by Franchisee Contractor under this Agreement. Agreement Notwithstanding the foregoing, however, if Franchisee Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of seven (7) days or more, City shall have the right to review the circumstances under which the excuse from performance was granted. After such review, if the City determines the excuse from service is no longer valid, the City shall notify the Franchisee Contractor in writing to resume service within two (2) days from the receipt of such notification. If the Franchisee Contractor fails to resume service withinthe twowithin the two (2) days, the City shall have the right to terminate this Agreement by giving ten (10) days notice, in which case the provisions relative to taking possession of Contractor's land, equipment and other property and engaging Contractor's personnel in Article 11, City's Right to Perform Services, and this Article 12 shall apply.

Excuse from Performance. The parties Each Party shall be excused from performing their its respective obligations hereunder in and from any obligation to pay Liquidated Damages to the event they are extent and for the period of time such Party is prevented from so performing by reason of floods, fires, earthquakes, other "acts of God"nature, epidemics, pandemics, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the party Party claiming excuse from performance hereunder. Labor In the case of labor unrest or job action directed at a third party over whom Contractor has no control, the inability of Contractor to provide services in accordance with this Agreement due to the unwillingness or failure of the third party to: (i) provide reasonable assurance of the safety of Contractor’s employees while providing such services, or (ii) make reasonable accommodations with respect to operating circumstances to minimize any confrontation with pickets or the number of Persons necessary to Process or Dispose Franchised Waste shall, to that limited extent, excuse performance. The foregoing excuse shall be conditioned on Contractor’s cooperation in performing Processing or Disposal services at different times and in different locations. Further, in the event of labor unrest, including including, but not limited to to, strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted job action conducted by Franchisee's Contractor’s employees or directed at Franchisee Contractor, or its selected facilities is a subsidiary, Contractor shall not an excuse be excused from performance and Franchisee performance. In such case, Contractor shall be obligated to continue to provide service notwithstanding a reasonably satisfactory level of performance during the occurrence of any or all such eventspendency thereof. The party Party claiming excuse from performance shall, within two (2) calendar days after such party Party has notice of such cause, give the other party Party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If Contractor validly exercises its rights under this Section, the Agency hereby waives any claim against Contractor for any damages sustained thereby, including, without limitation, Liquidated Damages. The partial or complete interruption or discontinuance of Franchisee's Contractor’s services caused by one or more of the events excused described in this Section shall not constitute a default by Franchisee Contractor under this Agreement. Notwithstanding the foregoing, however, if Franchisee Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of seven thirty (730) calendar days or more, City the Agency shall nevertheless have the right right, in its sole discretion, to review terminate this Agreement by giving ten (10) Business Days’ notice to Contractor, in which case the circumstances under which the excuse from performance was granted. After such review, if the City determines the excuse from service is no longer valid, the City provisions of Sections 11.2 and 11.3 shall notify the Franchisee in writing to resume service within two (2) days from the receipt of such notification. If the Franchisee fails to resume service withinthe twoapply.

Excuse from Performance. 1818 The parties Parties shall be excused from performing their respective obligations hereunder in and from any 1819 obligation to pay Liquidated Damages to the event extent and for the period of time they are prevented from 1820 so performing by reason of floods, earthquakes, other "acts of God"nature, war, civil insurrection, riots, acts of 1821 any government (including judicial action), and other similar catastrophic events which are beyond the 1822 control of and not the fault of the party Party claiming excuse from performance hereunder. Labor In the case of 1823 labor unrest or job action directed at a third party over whom Contractor has no control, the inability of 1824 Contractor to provide services in accordance with this Agreement due to the unwillingness or failure of 1825 the third party to: (i) provide reasonable assurance of the safety of Contractor's employees while 1826 providing such services; or, (ii) make reasonable accommodations with respect to Container placement 1827 and point of Delivery, time of Collection, or other operating circumstances to minimize any 1828 confrontation with pickets or the number of Persons necessary to make Collections shall, to that limited 1829 extent, excuse performance. The foregoing excuse shall be conditioned on Contractor's cooperation in 1830 performing Collection services at different times and in different locations. Further, in the event of labor 1831 unrest, including but not limited to strike, work stoppage or slowdown, sick-outsickout, picketing, or other 1832 concerted job action conducted by Franchisee's the Contractor’s employees or directed at Franchisee the Contractor, or its selected facilities is a 1833 subsidiary, the Contractor shall not an excuse be excused from performance and Franchisee performance. In such case, Contractor shall be obligated to 1834 continue to provide service notwithstanding a reasonably satisfactory level of performance during the occurrence pendency thereof, but the 1835 Contractor shall not be required to adhere strictly to the specific requirements of any this Agreement 1836 regarding routes, Collection times or all such eventssimilar matters; provided, however, that in no event shall more 1837 than seven (7) calendar days elapse between pickups for Residential and Commercial Customers. 1838 The party Party claiming excuse from performance shall, within two (2) calendar days after such party Party has 1839 notice of such cause, give the other party Party notice of the facts constituting such cause and asserting its 1840 claim to excuse under this Section. 1841 If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against 1842 each other for any damages sustained thereby. 1843 The partial or complete interruption or discontinuance of FranchiseeContractor's services caused by one (1) or 1844 more of the events excused described in this Section shall not constitute a default by Franchisee Contractor under this 1845 Agreement. Notwithstanding the foregoing, however, if Franchisee Contractor is excused from performing its 1846 obligations hereunder for any of the causes listed in this Section for a period of seven thirty (730) calendar days 1847 or more, City each RA Member shall nevertheless have the right right, in its sole discretion, to review terminate this 1848 Agreement by giving ten (10) Business Days’ notice to Contractor, in which case the circumstances under which the excuse from performance was granted. After such review, if the City determines the excuse from service is no longer valid, the City provisions of Section 1849 11.2 shall notify the Franchisee in writing to resume service within two (2) days from the receipt of such notification. If the Franchisee fails to resume service withinthe twoapply.