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3. A Force Majeure is defined for the purpose of this Agreement as <br />Compliance with any order of any governmental authority or court, acts of war, <br />rebellion, insurrection, sabotage or damage resulting therefrom, fires, floods, inclement weather, <br />explosions, washouts, riots, strikes, slowdowns and walkouts, blockouts, industrial disturbance <br />or events similar to these above. Provided, that any Force Majeure event or its effects must be <br />affirmatively shown to have been beyond the reasonable control of AlliedBF[. Provided still <br />further that Allied/BFl shall givewritten notice to the County within three months of the event in <br />question, served on the County, as a condition precedent to invoking the provisions of this <br />Section 9.7 -Force Majeure. <br />The parties further recognize that the provision of this Section 9.7 shall in no way limit <br />Allied/BFI's duty, as otherwise specified herein, to secure all necessary permits and comply with <br />all applicable laws, regulations, or permit conditions. Any administrative or legal proceedings <br />required to be carried out by Allied/BFI shall be pursued until all available appeals have been <br />exhausted, unless written instruction to the contrary is received from the Board of County <br />Commissioners. <br />Provided still further that'in the event of strikes, slowdowns, walkouts, blockouts, <br />industrial disturbances or other labor disputes, Allied/BFI will take all reasonable steps to <br />continue full operation within tha required time. Among such steps which may be required <br />would be the transfer of personnel from any other locations hiring of additional short-term <br />employees, and the contracting with other entities to provide the necessary equipment or <br />manpower required to perform Allied/BF['s responsibilities under this Agreement. <br />4. Should a Force Majeure event be determined to have occurred under the <br />provisions of this Section 9.7 -Force Majeure, Allied/BF[ may seek an adjustment in some or all <br />of the rates in Section 8 of this Agreement. <br />In this event, Allied/BFI must provide thirty (30) days' written notice of its intent to seek <br />an increase of rate(s) to the County. Allied/BFI shall fully and completely document any <br />increased costs and demonstrate the impact, if any, upon the then current rates in Section 8 of <br />this Agreement. <br />Following receipt of such documentation and certification for a rate(s) increase, the <br />County will review such request within thirty (30) days. The County, may in its sole discretion, <br />take whatever action it deems appropriate and necessary with respect to such requests including <br />granting the increase or a portion thereof or denying any rate increase. <br />9.8 Severability <br />In the Event that any article, section, subsection, sentence, clause, phrase, or portion of this <br />Agreement is for any reason held invalid or unconstitutional by any court of competent <br />jurisdiction, such portion shall be deemed a separate, distinct and independent provision and Db~; SolidWasteCollectionendDisp <br />such holding shall not affect the validity of the remaining portions hereof, ~ osalFrenchiaeAgrcement-lwe 27 2007 <br /> , sdditions.doc <br /> i <br />i <br />Dalat~d: SolidWaeteCollectionendDisp <br /> <br /> <br />~ ~ ' <br />r~ oselFrenchiseAgrcement-Jwe 13 2007 <br />.. additions <br /> i, <br />,i <br /> ,r <br />li <br /> <br />G - (~ <br />