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extent caused by that party's negligence or acts of willful misconduct or those of its employees,
<br />contractors, subcontractors, or agents.
<br />16. Insurance. At all times during the tern of this Agreement, Supplier shall maintain, and shall
<br />require its subcontractors to maintain, workers' compensation insurance and commercial general liability
<br />insurance in coverages and amounts satisfactory to Company. Upon request Supplier shall provide
<br />Compmry with evidence reasonably satisfactory to Company that the Supplier is insured against any
<br />damage, liability or loss caused by the vehicles which deliver Recyclables to the Facility for the Supplier
<br />or by the drivers thereof.
<br />17. Force Maieure.
<br />17.1 "Force Majeure" means shall mean any act, event or condition materially and adversely
<br />affecting the ability of a party to perform or comply with any material obligation, duty or agreement
<br />required under this Agreement, if such act, event, or condition is beyond the reasonable control of the
<br />nonperforming party or its agents relying thereon, is not the result of the willful or negligent action,
<br />inaction or fault of the parry relying thereon, and the nonperforming parry has been unable to avoid or
<br />overcome the act, event or condition by the exercise of due diligence, including, without limitation; (i) m
<br />act of God, epidemic, landslide, lightning, earthquake, fire, explosion, storm, flood or similar occurrence;
<br />(ii) an act of public enemy, war, blockage, insurrection, riot, general unrest or restraint of government and
<br />people, civil disturbance or disobedience, sabotage, act of terrorism or similar occurrence; (iii) a strike,
<br />work slowdown, or similar industrial or labor action; (iv) an order or judgment (including without
<br />limitation a temporary restraining order, temporary injunction, preliminary injunction, permanent
<br />injunction, or cease and desist order) or other act of any federal, state, county or local court,
<br />administrative agency or governmental office or body which prevents a party's obligations as
<br />contemplated by this Agreement or (v) adoption or change (including a change in interpretation,
<br />enforcement or permit requirement) of any international, federal, state or local law or regulation after the
<br />Effective Date of this Agreement, preventing performance of or compliance with the obligations
<br />hereunder.
<br />17.2 Neither party shall be liable to the other for damages without limitation (including
<br />liquidated damages) if such parry's performance is delayed or prevented due to no event of Force
<br />Majeure. In such event, the affected party shall promptly notify the other of the event of Force Majeure
<br />and its likely duration. During the continuation of the Force Majeure Event, the nonperforming party
<br />shall (i) exercise commercially reasonable efforts to mitigate or limit damages to the performing parry;
<br />(ii) exercise commercially reasonable due diligence to overcome the Force Majeure event; (iii) to the
<br />extent it is able, continue to perform its obligations under this Agreement; and (iv) cause the suspension
<br />of performance to be of no greater scope and no longer duration than the Force Majeure event requires.
<br />17.3 In the event of a delay in either party's performance of its obligation hereunder for more
<br />than sixty (60) days due to a Force Majeure, the other party may, at any time thereafter, terminate this
<br />Agreement.
<br />17.4 In the event a Force Majeure event materially or adversely affects Company's cost of
<br />operation Company may increase the applicable Processing Rate and/or Surcharge under this Agreement
<br />to the extent necessary to help offset, directly or indirectly, the increase in such costs.
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