Agmt10 Recology San Mateo County

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. • 4208 In the event of an asserted Agency default, Contractor shall continue to perform all of its 4209 obligations hereunder until a court of competent jurisdiction has issued a final judgment 4210 declaring that Agency is in default. 4211 14.09 EXCUSE FROM PERFORMANCE 4212 A. Force Maieure. Neither Party shall be in default of its obligations under this 4213 Agreement in the event, and for so long as, it is impossible or extremely 4214 impracticable for it to perform its obligations due to an "act of God" (including, but 4215 not limited to, flood, earthquake or other catastrophic events), war, insurrection, riot, 4216 labor unrest of other than the Party's employees (including strike, work stoppage, 4217 slowdown, sick out, picketing, or other concerted job action), or other similar cause 4218 not the fault of, and beyond the reasonable control of, the Party claiming excuse. A 4219 Party claiming excuse under this Section must (i) have taken reasonable 4220 precautions, if possible, to avoid being affected by the cause, and (ii) notify the 4221 other party in writing as provided in Subsection C. 4222 B. Obligation to Restore Ability to Perform. Any suspension of performance by a 4223 Party pursuant to this Section shall be only to the extent, and for a period of no 4224 longer duration than, required by the nature of the event, and the Party claiming 4225 excuse shall use its best efforts to remedy its inability to perform as quickly as 4226 possible and to mitigate damages that may occur as result of the event. 4227 C. Notice. The Party claiming excuse shall deliver to the other Party a written notice 4228 of intent to claim excuse from performance under this Agreement by reason of an 4229 event of Force Majeure. Notice required by this Section shall be given promptly in 4230 light of the circumstances, but in any event not later than five (5) Days after the 4231 occurrence of the event of Force Majeure. Such notice shall describe in detail the 4232 event of Force Majeure claimed, the services impacted by the claimed event of 4233 Force Majeure, the expected length of time that the party expects to be prevented 4234 from performing, the steps which the party intends to take to restore its ability to 4235 perform, and such other information as the other party reasonably requests. 4236 D. Agency's Rights in the Event of Force Maieure. The partial or complete 4237 interruption or discontinuance of Contractor's services caused by an event of Force 4238 Majeure shall not constitute a Contractor default. Notwithstanding the foregoing: (i) 4239 Agency shall have the right to make use of Contractor's Facilities and equipment in 4240 accordance with Article 12 in the event of non - performance excused by Force 4241 Majeure; (ii) if Contractor's failure to perform by reason of Force Majeure continues 4242 for a period of thirty (30) Days or more, Agency shall have the right to immediately 4243 terminate this Agreement; (iii) if Contractor is unable to Collect and transport Solid 4244 Waste as required by this Agreement for a period of two (2) or more consecutive 4245 Business Days or for any three (3) Business Days in a seven (7) Day period as a 4246 result of Force Majeure, Agency shall have the right to make use of Contractor's 4247 property in accordance with Article 12, and (iv) if Contractor's inability to Collect and 4248 transport Solid Waste continues for two (2) Days or more from the date by which 4249 Contractor gave or should have given notice under Subsection C, Agency may 4250 terminate this Agreement. Franchise Agreement for Collection Services with Recology San Mateo County City of Redwood City ATTY /AGR/2010.014 040510 Page 105 of 115