Laserfiche WebLink
, ?tgreerrcent widi Recycler: Ctrya County Paper Marketing Cooperative S <br />other Party by reason of such breach as provided by law., A Breach shall mean, but shall not be <br />. restricted to, any.one or more of the following events: <br />1. failure to make payments according to the terms set forth in Article V: Statements and <br />Payments. <br />2. breach of any warranty, or faiiure to perform or comply with any term of this Agreement; <br />3. insolvency or any other unsound financial condition so as to endanger performance <br />hereunder; <br />4. failure to provide secvices as described in Article I- Statement of Work. <br />B. A Force- Majeure shall mean sLich circumstances and events as are beyond the reasonable <br />control of a Party, including, but not limited to: acts of God, acts of war, riot, fire, explosion, <br />accident, flood or sabotage; unforeseeable or iinpreventable lack of adequate fuel, power, ra`v <br />materials, labor or transportation facilities; unforeseeable chan;es in governmental laws, <br />regulations, requirements, arders oc actions; unforeseeable or unpreventable breakage or failure <br />of machineryor apparatus; national defense requirements; injunctions or restraining orders; or <br />unforeseeable or unpreventable labor trouble, strike, lockout oc injunction. DL?ring a Force <br />Ivlajeure event, the performance of any obligation or service due under this Agreement may be <br />suspended, provided that notice is provided by the Party claiming Force Majeure to the other <br />Party as soon as practicable. Sucli notice shall include a description of the circumstances <br />justifying suspension of performance, the anticipated duration of suspension, and the steps beinc, <br />taken to resume performance under this Agreement as soon as practicable. All reasonable efforts <br />shall be mlde to minimize the dura[ion of any suspension of performance (provided that neither <br />party shall be reqLiired to settle or prevent a labor dispute or legal action against its own best <br />judgment). <br />C. T'he Parties acknowledge that compliance with environmental laws and regulations .and recycling <br />requirements of the Agreement are material provisions of the Ao eement and that the District and <br />the Cooperative Members do not have an adequate remedy at lakv in tlle eveilk of the Recycler's <br />violation thereof and that equitable relief would be appropriate for such violations. The parties <br />also acknowledge t17at in the event of a breach by the District, the Recycler may also seek <br />equitable relief. - - <br />D. Notwithstanding any other provision of the Agreement, the parties shall have all remedies <br />provided by ]aw to enforce the terms of this Agreement. <br />Articlc \: Coutrlct Clianes, BreZClics <br />A. No cilange to any provision of this Agreement shall be eftective unless stated in Nvritin?, and <br />signed by both parties to this Agreement. <br />B. No tcrm or provision of'this Agreement shall be deemed waived and no Breach excused unless <br />the waiver or consent is ii1 writing and signed by both Parties to this Agreement. Either Party <br />may at its cliscretion, in event ofa Breach, notify t.he other Party of'the Breach and allow it a tiilie <br />spcci tied to correct the Breach. <br />. . . . .. ? ,fiv..r,?{u.rx.FX,., .. . ... ... .. ... . . . . . .. . . <br />.,.?.it??Y"rv?YmY+iT;nP?•v.w.=.n +,??arrnn a?;?.?.GMKS'-:1mmt»v.:-+.?n?+Y?'>. . .. . ....