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The Contractor shall obtain all licenses and permits(other than the license and permit granted
<br /> by this Contract) and promptly pay all taxes required by the County and by the State.
<br /> 9. FORCE MAJEURE
<br /> Except for County's obligation to pay amounts due to Contractor, any failure or delay in
<br /> performance under this Contract due to contingencies beyond a party's reasonable control, including,
<br /> but not limited to, strikes, riots,terrorist acts, compliance with applicable laws or governmental orders,
<br /> fires, bad weather and acts of God, shall not constitute a breach of this Contract, but shall entitle the
<br /> affected party to be relieved of performance at the current pricing levels under this Contract during the
<br /> term of such event and for a reasonable time thereafter. The collection or disposal of any increased
<br /> volume resulting from a flood,hurricane or similar or different Act of God over which the Contractor
<br /> has no control, shall be included as part of the Contractor's service under this Agreement. In the event
<br /> of such a flood,hurricane or other Act of God, the Contractor and the County shall negotiate the
<br /> payment to be made to the Contractor. Further, when the County and the Contractor reach such
<br /> agreement, then the County shall grant the Contractor variances in routes and schedules,as deemed
<br /> necessary, of the Contractor.
<br /> 10. ASSIGNMENT OF CONTRACT
<br /> Neither party shall assign this Contract in its entirety without the other party's prior written
<br /> consent, which consent shall not be unreasonably withheld.
<br /> 11. EXCLUSIVE CONTRACT
<br /> Pursuant to this Contract, by adoption of the ordinance granting the franchise herein described and
<br /> approving this Contract; pursuant to the authority granted by N.C.G.S. 160A,Article 20, N.C.G.S.
<br /> 153A-46 and 153A-136, N.C.G.S. 154A, Article 15,N.C.G.S. 1341A, Article 11, and all other
<br /> applicable state and local law and ordinances; pursuant to the interlocaI agreement between the
<br /> County and the City; and pursuant to the interlocal agreements between the County and the Towns;
<br /> this Contract is entered for the purposes of promoting the health and welfare of the citizens of
<br /> Cabarrus County, the City, and the Towns, and is a long term contract for the collection and disposal
<br /> of County solid waste as more particularly described below. This Contract grants to and confers
<br /> upon Contractor the following rights and privileges:
<br /> A. The long term contract, and the exclusive right and franchise, to collect solid waste from
<br /> all residential units in the unincorporated areas of the County, except as otherwise
<br /> provided herein or by applicable law,
<br /> B. The long term contract, and the exclusive right and franchise,to serve as the exclusive
<br /> municipal solid waste management facility for the County, to the fullest extent allowed by law,
<br /> and the exclusive right and franchise to be designated as the exclusive municipal solid waste
<br /> management facility for the disposal of all municipal solid waste generated from within the
<br /> County, entitled to receive for disposal all such municipal solid waste to the extent the County
<br /> can control its disposal, whether by ordinance, contract, or otherwise.
<br /> C. The long term contract, and the exclusive right and franchise,to serve as the exclusive
<br /> municipal solid waste management facility for the City and each of the Towns,to the fullest
<br /> extent allowed by law, and the exclusive right and franchise to be designated as the exclusive
<br /> ["age 14 of 33
<br /> 4234637.2
<br /> Attachment number 2\n
<br /> G-8 Page 185
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