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1 11.04 Excuse from Performance. The parties shall be excused from performing 2 their respective obligations hereunder in the event they are prevented from so 3 performing by reason of floods, earthquakes, other natural disasters, war, civil 4 insurrection, riots, acts of any government (including judicial action), and other similar 5 catastrophic events which are beyond the control of and not the fault of the party 6 claiming excuse from performance hereunder. Labor unrest, including, but not limited 7 to, strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action 8 conducted by Contractor's employees or directed at Contractor is not an excuse from 9 performance and Contractor shall be obligated to continue to provide service 10 notwithstanding the occurrence of any or all of such events. 11 12 The party claiming excuse from performance shall, within two (2) days after such 13 party has notice of such cause, give the other party notice of the facts constituting such 14 cause and asserting its claim to excuse under this Section. 15 16 The interruption or discontinuance of Contractor's services caused by one or 17 more of the events excused shall not constitute a default by Contractor under this 18 Agreement. Notwithstanding the foregoing, however, if Contractor is excused from 19 performing its obligations to Collect; transfer, transport, process and dispose of Solid 20 Waste hereunder for any of the causes listed in this Section for a period of ten (10) days 21 or more, Agency shall nevertheless have the right, in its sole discretion, to terminate this 22 Agreement by giving ten (10) days' notice, in which case the provisions relative to 23 taking possession of Contractor's land, equipment and other property and engaging 24 Contractor's Personnel in Article 10 and this Article 11 will apply. 25 26 11.05 Notice, Hearing and Appeal of Agency Breach. Should Contractor 27 contend that Agency is in breach of this Agreement, it shall file with the Agency 28 Manager a written request with Agency for an administrative hearing. Said request 29 shall be made within ninety (90) days of the event or incident which allegedly gave rise 30 to the breach. Agency shall notify Contractor of the time and date said hearing shall be 31 held within thirty (30) days of receipt of Contractor's request. Contractor shall present 32 its position and all relevant facts first and then Agency staff shall make its presentation. 33 Contractor shall be notified of Agency's ruling in writing within fourteen (14) days of 34 the administrative hearing. 35 36 If Contractor is not in agreement with the ruling issued by Agency at the 37 administrative hearing, it shall have the right to appeal this ruling to Agency 38 Council/Board members. This appeal shall be made in writing to Agency no later than 39 fourteen (14) days after receipt of the administrative hearing ruling. Agency shall 40 notify Contractor of the time and date the Agency Council/Board will review 41 Contractor's allegation. Contractor shall present its position and all relevant facts. 42 Contractor shall be notified in writing within thirty (30) days of the Agency 43 Council/Board's ruling. The Agency Council/Board's ruling shall be final, and 44 Contractor shall have no further rights of administrative appeal. Atty j Agrj2005.022 060205 -62-