|
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 />
|