Common use of Excuse from Performance Clause in Contracts

Excuse from Performance. The Parties shall be excused from performing their respective obligations hereunder if they are prevented from so performing by reason of floods, earthquakes, other acts of nature, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by Contractor's employees or directed at Contractor is not an excuse from performance and Contractor shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. The Party claiming excuse from performance shall, within two (2) Business Days after such Party has notice of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of Contractor's services caused by one or more of the events described in this Section shall not constitute a default by Contractor under this Agreement. Notwithstanding the foregoing, however, if Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days or more, the SCWMA shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) calendar days notice to Contractor unless Contractor has demonstrated, by the thirtieth (30th) calendar day, to the satisfaction of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by Contractor.

Excuse from Performance. The Parties parties shall be excused from performing their respective obligations hereunder if in the event they are prevented from so performing by reason of floods, earthquakes, other "acts of natureGod", war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by ContractorFranchisee's employees or directed at Contractor Franchisee or its selected facilities is not an excuse from performance and Contractor Franchisee shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. The Party party claiming excuse from performance shall, within two (2) Business Days days after such Party party has notice of such cause, give the other Party party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of ContractorFranchisee's services caused by one or more of the events described in this Section excused shall not constitute a default by Contractor Franchisee under this Agreement. Notwithstanding the foregoing, however, if Contractor Franchisee is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of thirty seven (307) calendar days or more, the SCWMA City shall nevertheless have the rightright to review the circumstances under which the excuse from performance was granted. After such review, if the City determines the excuse from service is no longer valid, the City shall notify the Franchisee in its sole discretion, writing to terminate this Agreement by giving ten resume service within two (102) calendar days notice from the receipt of such notification. If the Franchisee fails to Contractor unless Contractor has demonstrated, by the thirtieth (30th) calendar day, to the satisfaction of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by Contractor.withinthe two

Excuse from Performance. ‌ The Parties shall be excused from performing their respective obligations hereunder if and from any obligation to pay Liquidated Damages to the extent and for the period of time they are prevented from so performing by reason of floods, earthquakes, other acts of nature, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party claiming excuse from performance hereunder. Labor In the case of labor unrest or job action directed at a third party over whom CONTRACTOR has no control, the inability of the CONTRACTOR to provide services in accordance with this Agreement due to the unwillingness or failure of the third party to: (i) provide reasonable assurance of the safety of the CONTRACTOR’s employees while providing such services; or, (ii) make reasonable accommodations with respect to Container placement and point of Delivery, time of Collection, or other operating circumstances to minimize any confrontation with pickets or the number of Persons necessary to make Collections shall, to that limited extent, excuse performance. The foregoing excuse shall be conditioned on the CONTRACTOR’s cooperation in performing Collection services at different times and in different locations. Further, in the event of labor unrest, including but not limited to strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted job action conducted by Contractor's the CONTRACTOR’s employees or directed at Contractor is not an excuse the CONTRACTOR, or a subsidiary, the CONTRACTOR shall be excused from performance and Contractor shall be obligated to continue to provide service notwithstanding for the occurrence of any or all first five (5) days of such eventslabor unrest. The Party claiming excuse from performance shall, within two (2) Business Days calendar days after such Party has notice of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to excuse under this SectionArticle. If either Party validly exercises its rights under this SectionArticle, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of Contractor's the CONTRACTOR’s services caused by one (1) or more of the events described in this Section Article shall not constitute a default by Contractor the CONTRACTOR under this Agreement. Notwithstanding the foregoing, however, if Contractor the CONTRACTOR is excused from performing all of its obligations hereunder for any of the causes listed in this Section Article for a period of thirty (30) calendar days or more, the SCWMA shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) calendar days notice to Contractor unless Contractor has demonstrated, by the thirtieth (30th) calendar day, to the satisfaction of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by Contractor.thirty

Excuse from Performance. The Parties understand and agree herein that the services provided under this Agreement are critical to the protection of public health and safety and that Contractor is expected to perform these services despite the occurrence of events that may otherwise give rise to Force Majeure conditions. The Parties herein agree that the obligations for excuse from performance under this Agreement should and do have a higher standard than the general law understanding of Force Majeure. In particular, a Party shall be excused from performing their respective obligations hereunder and from any obligation to pay Liquidated Damages if they are prevented from so performing by reason of floods, earthquakes, other acts of nature, war, civil insurrection, riots, acts of any domestic government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party claiming excuse from performance hereunder. Labor However, performance shall only be excused If the Party requesting relief from performance can specifically demonstrate that the performance of a specific obligation is impossible and shall only be excused from those requirements which are demonstrated to be impossible. All other performance obligations that remain possible, shall be required to continue. In the case of labor unrest or job action directed at a third party over whom Contractor has no control, the inability of Contractor to provide services in accordance with this Agreement due to the unwillingness or failure of the third party to: (i) provide reasonable assurance of the safety of Contractor's employees while providing such services; or, (ii) make reasonable accommodations with respect to Container placement and point of Delivery, time of Collection, or other operating circumstances to minimize any confrontation with pickets or the number of Persons necessary to make Collections shall, to that limited extent, excuse performance. The foregoing excuse shall be conditioned on Contractor's cooperation in performing Collection services at different times and in different locations. Further, in the event of labor unrest, including but not limited to strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted job action conducted by the Contractor's ’s employees or directed at the Contractor, or a subsidiary, the Contractor is shall not an be excused from performance. In such case, Contractor shall continue to provide a reasonably satisfactory level of performance during the pendency thereof, but the Contractor shall not be required to adhere strictly to the specific requirements of this Agreement regarding routes, Collection times or similar matters; provided, however, that in no event shall more than seven (7) calendar days elapse between pickups for Residential and Commercial Customers. Any labor action initiated by Contractor, including but not limited to a lock-out, shall not be grounds for any excuse from performance and Contractor shall be obligated to continue to provide service notwithstanding perform all obligations under this Agreement during the occurrence of any or all pendency of such eventsContractor-initiated labor action. The Party claiming excuse from performance shall, within two (2) Business Days calendar days after such Party has notice of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of Contractor's services caused by one (1) or more of the events described in this Section Article shall not constitute a default by Contractor under this Agreement. Notwithstanding the foregoing, however, if Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days or more, the SCWMA City shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) calendar days Business Days’ notice to Contractor unless Contractor has demonstratedContractor, by in which case the thirtieth (30th) calendar day, to the satisfaction provisions of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by ContractorSection 10.4 shall apply.

Excuse from Performance. 1818 The Parties shall be excused from performing their respective obligations hereunder if and from any 1819 obligation to pay Liquidated Damages to the extent and for the period of time they are prevented from 1820 so performing by reason of floods, earthquakes, other acts of nature, war, civil insurrection, riots, acts of 1821 any government (including judicial action), and other similar catastrophic events which are beyond the 1822 control of and not the fault of the Party claiming excuse from performance hereunder. Labor In the case of 1823 labor unrest or job action directed at a third party over whom Contractor has no control, the inability of 1824 Contractor to provide services in accordance with this Agreement due to the unwillingness or failure of 1825 the third party to: (i) provide reasonable assurance of the safety of Contractor's employees while 1826 providing such services; or, (ii) make reasonable accommodations with respect to Container placement 1827 and point of Delivery, time of Collection, or other operating circumstances to minimize any 1828 confrontation with pickets or the number of Persons necessary to make Collections shall, to that limited 1829 extent, excuse performance. The foregoing excuse shall be conditioned on Contractor's cooperation in 1830 performing Collection services at different times and in different locations. Further, in the event of labor 1831 unrest, including but not limited to strike, work stoppage or slowdown, sick-outsickout, picketing, or other 1832 concerted job action conducted by the Contractor's ’s employees or directed at Contractor is not an excuse from performance and the Contractor, or a 1833 subsidiary, the Contractor shall not be obligated to excused from performance. In such case, Contractor shall 1834 continue to provide service notwithstanding a reasonably satisfactory level of performance during the occurrence pendency thereof, but the 1835 Contractor shall not be required to adhere strictly to the specific requirements of any this Agreement 1836 regarding routes, Collection times or all of such eventssimilar matters; provided, however, that in no event shall more 1837 than seven (7) calendar days elapse between pickups for Residential and Commercial Customers. 1838 The Party claiming excuse from performance shall, within two (2) Business Days calendar days after such Party has 1839 notice of such cause, give the other Party notice of the facts constituting such cause and asserting its 1840 claim to excuse under this Section. 1841 If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against 1842 each other for any damages sustained thereby. 1843 The partial or complete interruption or discontinuance of Contractor's services caused by one (1) or 1844 more of the events described in this Section shall not constitute a default by Contractor under this 1845 Agreement. Notwithstanding the foregoing, however, if Contractor is excused from performing its 1846 obligations hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days 1847 or more, the SCWMA each RA Member shall nevertheless have the right, in its sole discretion, to terminate this 1848 Agreement by giving ten (10) calendar days Business Days’ notice to Contractor unless Contractor has demonstratedContractor, by in which case the thirtieth (30th) calendar day, to the satisfaction provisions of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by ContractorSection 1849 11.2 shall apply.

Excuse from Performance. The Parties parties shall be excused from performing their respective obligations hereunder if in the event they are prevented from so performing by reason of floods, earthquakes, other "acts of nature, God," war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted job action conducted by Contractor's employees or directed at Contractor is not an excuse from performance and Contractor shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. The Party party claiming excuse from performance shall, within two (2) Business Days days after such Party party has notice of such cause, give the other Party party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If In the event that either Party party validly exercises its rights under this Section, the Parties parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of Contractor's services caused by one or more of the events described in this Section shall not constitute a default by Contractor under this Agreement. Notwithstanding the foregoing, however, (1) the existence of an excuse from performance will not affect the City's rights under Sections 10.01 and 10.02, and (2) if Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of thirty fourteen (3014) calendar days or more, the SCWMA City shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) calendar days notice to Contractor unless Contractor has demonstratednotice, by in which case the thirtieth (30th) calendar day, to the satisfaction provisions of the SCWMA that the Contractor Section 11.03 will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by Contractorapply.

Excuse from Performance. The Parties understand and agree herein that the services provided under this Agreement are critical to the protection of public health and safety and that Contractor is expected to perform these services despite the occurrence of events that may otherwise give rise to Force Majeure conditions. The Parties herein agree that the obligations for excuse from performance under this Agreement should and do have a higher standard than the general law understanding of Force Majeure. In particular, a Party shall be excused from performing their respective obligations hereunder and from any obligation to pay Liquidated Damages if they are prevented from so performing by reason of floods, earthquakes, other acts of nature, war, civil insurrection, riots, acts of any domestic government (including judicial action), and other similar catastrophic events which that are beyond the control of and not the fault of the Party claiming excuse from performance hereunder. Labor However, performance shall only be excused if the Party requesting relief from performance can specifically demonstrate that the performance of a specific obligation is impossible and shall only be excused from those requirements that are demonstrated to be impossible. All other performance obligations that remain possible, shall be required to continue. In the case of labor unrest or job action directed at a third party over whom Contractor has no control, the inability of Contractor to provide services in accordance with this Agreement due to the unwillingness or failure of the third party to: (i) provide reasonable assurance of the safety of Contractor's employees while providing such services; or, (ii) make reasonable accommodations with respect to Container placement and point of Delivery, time of Collection, or other operating circumstances to minimize any confrontation with pickets or the number of Persons necessary to make Collections shall, to that limited extent, excuse performance. The foregoing excuse shall be conditioned on Contractor's cooperation in performing Collection services at different times and in different locations. Further, in the event of labor unrest, including but not limited to strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted job action conducted by the Contractor's ’s employees or directed at the Contractor, or a subsidiary, the Contractor is shall not an be excused from performance. In such case, Contractor shall continue to provide a reasonably satisfactory level of performance during the pendency thereof, but the Contractor shall not be required to adhere strictly to the specific requirements of this Agreement regarding routes, Collection times, or similar matters; provided, however, that in no event shall more than seven (7) calendar days elapse between pickups for Residential and Commercial Customers. Any labor action initiated by Contractor including, but not limited to, a lock-out, shall not be grounds for any excuse from performance and Contractor shall be obligated to continue to provide service notwithstanding perform all obligations under this Agreement during the occurrence of any or all pendency of such eventsContractor-initiated labor action. The Party claiming excuse from performance shall, within two (2) Business Days calendar days after such Party has notice of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of Contractor's services caused by one (1) or more of the events described in this Section Article shall not constitute a default by Contractor under this Agreement. Notwithstanding the foregoing, however, if Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days or more, the SCWMA Authority shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) calendar days Business Days’ notice to Contractor unless Contractor has demonstratedContractor, by in which case the thirtieth (30th) calendar day, to the satisfaction provisions of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by ContractorSection 10.4 shall apply.

Excuse from Performance. The Parties parties shall be excused from performing their respective obligations hereunder if in the event they are prevented from so performing by reason of floods, earthquakes, other "acts of natureGod", war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by Contractor's employees or directed at Contractor or its selected facilities is not an excuse from performance and Contractor shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. The Party party claiming excuse from performance shall, within two (2) Business Days days after such Party party has notice of such cause, give the other Party party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of Contractor's services caused by one or more of the events described in this Section excused shall not constitute a default by Contractor under this Agreement. Agreement Notwithstanding the foregoing, however, if Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of thirty seven (307) calendar days or more, the SCWMA City shall nevertheless have the rightright to review the circumstances under which the excuse from performance was granted. After such review, if the City determines the excuse from service is no longer valid, the City shall notify the Contractor in its sole discretionwriting to resume service within two (2) days from the receipt of such notification. If the Contractor fails to resume service within the two (2) days, the City shall have the right to terminate this Agreement by giving ten (10) calendar days notice notice, in which case the provisions relative to Contractor unless Contractor has demonstratedtaking possession of Contractor's land, by the thirtieth (30th) calendar dayequipment and other property and engaging Contractor's personnel in Article 11, City's Right to the satisfaction of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by ContractorPerform Services, and this Article 12 shall apply.

Excuse from Performance. D.12.1. The Parties parties shall be excused from performing their respective obligations hereunder if in the event they are prevented from so performing by reason of floods, earthquakes, tsunamis, other "acts of natureGod", war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted job action conducted by ContractorCONTRACTOR's employees or directed at Contractor CONTRACTOR is not an excuse from performance and Contractor CONTRACTOR shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. In the case of labor unrest or job action directed at a third party over whom CONTRACTOR has no control, the inability of CONTRACTOR to provide Agreement services due to the unwillingness or failure of the third party to provide reasonable assurance of the safety of CONTRACTOR's employees while providing Agreement services to minimize any confrontation with pickets shall, to that limited extent, excuse performance. The Party foregoing excuse shall be conditioned on CONTRACTOR's cooperation in providing services at different times. D.12.2. The party claiming excuse from performance shall, within two (2) Business Days days after such Party party has notice of such cause, give the other Party party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If Notwithstanding, CONTRACTOR in the event of a catastrophic event shall comply with COUNTY's Emergency Preparedness Plan. D.12.3. In the event that either Party party validly exercises its rights under this Section, the Parties parties hereby waive any claim against each other for any damages sustained thereby. D.12.4. The partial or complete interruption or discontinuance of ContractorCONTRACTOR's services caused by one or more of the events described in this Section and constituting an excuse from performance shall not constitute a default an event of Default by Contractor CONTRACTOR under this Agreement. Notwithstanding the foregoing, however, the existence of an excuse from performance shall not affect COUNTY's Right to Perform Upon Default; and if Contractor CONTRACTOR is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days or more, other than as the SCWMA results of third party labor disputes where service cannot be provided for reasons described earlier in this Section, COUNTY shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) calendar days notice to Contractor unless Contractor has demonstrated, by the thirtieth (30th) calendar day, to the satisfaction of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by Contractordays’ notice.

Excuse from Performance. 20.1 The Parties parties shall be excused from performing their respective obligations hereunder if in the event they are prevented from so performing by reason of of: floods, earthquakes, tsunamis, other "acts of natureGod", war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party party claiming excuse from performance hereunder. Labor unrest, including but not limited to to: strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted job action conducted by Contractor's employees or directed at Contractor is not an excuse from performance and Contractor shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. by 20.2 The Party party claiming excuse from performance shall, within two (2) Business Days days after such Party party has notice of such cause, give the other Party party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If Notwithstanding, SUBRECIPIENT in the event of a catastrophic event shall comply with COUNTY's Emergency Preparedness Plan. 20.3 In the event that either Party party validly exercises its rights under this Section, the Parties parties hereby waive any claim against each other for any damages sustained thereby. . 20.4 The partial or complete interruption or discontinuance of ContractorSUBRECIPIENT's services Services, caused by one or more of the events described in this Section and constituting an excuse from performance, shall not constitute a default an Event of Default by Contractor SUBRECIPIENT under this Agreement. Notwithstanding the foregoing, however, the existence of an excuse from performance shall not affect COUNTY's Right to Perform Upon Default; and if Contractor SUBRECIPIENT is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days or more, other than as the SCWMA results of third party labor disputes where Service cannot be provided for reasons described earlier in this Section, COUNTY shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) calendar days notice to Contractor unless Contractor has demonstrated, by the thirtieth (30th) calendar day, to the satisfaction of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by Contractornotice.

Excuse from Performance. The Parties Each Party shall be excused from performing their its respective obligations hereunder if they are and from any obligation to pay Liquidated Damages to the extent and for the period of time such Party is prevented from so performing by reason of floods, fires, earthquakes, other acts of nature, epidemics, pandemics, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party claiming excuse from performance hereunder. Labor In the case of labor unrest or job action directed at a third party over whom Contractor has no control, the inability of Contractor to provide services in accordance with this Agreement due to the unwillingness or failure of the third party to: (i) provide reasonable assurance of the safety of Contractor’s employees while providing such services, or (ii) make reasonable accommodations with respect to operating circumstances to minimize any confrontation with pickets or the number of Persons necessary to Process or Dispose Franchised Waste shall, to that limited extent, excuse performance. The foregoing excuse shall be conditioned on Contractor’s cooperation in performing Processing or Disposal services at different times and in different locations. Further, in the event of labor unrest, including including, but not limited to to, strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted job action conducted by Contractor's ’s employees or directed at Contractor is not an excuse from performance and Contractor, or a subsidiary, Contractor shall not be obligated to excused from performance. In such case, Contractor shall continue to provide service notwithstanding a reasonably satisfactory level of performance during the occurrence of any or all of such eventspendency thereof. The Party claiming excuse from performance shall, within two (2) Business Days calendar days after such Party has notice of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party Contractor validly exercises its rights under this Section, the Parties Agency hereby waive waives any claim against each other Contractor for any damages sustained thereby, including, without limitation, Liquidated Damages. The partial or complete interruption or discontinuance of Contractor's ’s services caused by one or more of the events described in this Section shall not constitute a default by Contractor under this Agreement. Notwithstanding the foregoing, however, if Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days or more, the SCWMA Agency shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) calendar days Business Days’ notice to Contractor unless Contractor has demonstratedContractor, by in which case the thirtieth (30th) calendar day, to the satisfaction provisions of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by ContractorSections 11.2 and 11.3 shall apply.

Excuse from Performance. The Parties parties shall be excused from performing their respective obligations hereunder if in the event they are prevented from so performing by reason of floods, earthquakes, other “acts of nature, God,” war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other their concerted job action conducted by Contractor's Franchisee’s employees or directed at Contractor Franchisee is not an excuse from performance and Contractor Franchisee shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events; provided, that in the case of labor, unrest or job action directed at a third party (e.g., customer) over whom the Franchisee has no control, the inability of the Franchisee to make collections due to the unwillingness or failure of the third party to provide reasonable assurance of the safety of Franchisee’s employees while making collections or to make reasonable accommodations with respect to container placement and point of delivery, time of collection or other operating circumstances to minimize any confrontation with pickets or the number of persons necessary to make collections shall, to that limited extent, excuse performance and provided further that the foregoing excuse shall be conditioned on the Franchisee’s cooperation in making collection at different times and in different locations. The Party party claiming excuse from performance shall, within two (2) Business Days working days after such Party party has notice of such cause, give the other Party party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If Notwithstanding, Franchisee in the event of a catastrophic event shall comply with the City’s emergency preparedness plan. In the event that either Party party validly exercises its rights under this Section, the Parties parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance Notwithstanding the foregoing however, (1) the existence of Contractor's services caused by one or more of an excuse from performance will not affect the events described in this Section shall not constitute a default by Contractor City’s rights under this Agreement. Notwithstanding the foregoing, however, Section; and (2) if Contractor Franchisee is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days or more, other than as the SCWMA result of third party labor disputes where service cannot be provided for reasons described earlier in this Section, the City shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) calendar working days notice to Contractor unless Contractor has demonstratednotice, by in which case the thirtieth (30th) calendar day, to the satisfaction provisions of the SCWMA that the Contractor Section 9.2 will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by Contractorapply.

Excuse from Performance. ‌ The Parties shall be excused from performing their respective obligations hereunder if and from any obligation to pay Liquidated Damages to the extent and for the period of time they are prevented from so performing by reason of floods, earthquakes, other acts of nature, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party claiming excuse from performance hereunder. Labor In the case of labor unrest or job action directed at a third party over whom Contractor has no control, the inability of the Contractor to provide services in accordance with this Agreement due to the unwillingness or failure of the third party to: (i) provide reasonable assurance of the safety of the Contractor’s employees while providing such services; or, (ii) make reasonable accommodations with respect to Container placement and point of Delivery, time of Collection, or other operating circumstances to minimize any confrontation with pickets or the number of Persons necessary to make Collections shall, to that limited extent, excuse performance. The foregoing excuse shall be conditioned on the Contractor’s cooperation in performing Collection services at different times and in different locations. Further, in the event of labor unrest, including but not limited to strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted job action conducted by the Contractor's ’s employees or directed at Contractor is not an excuse from performance and the Contractor, or a subsidiary, the Contractor shall be obligated to continue to provide service notwithstanding excused from performance for the occurrence of any or all first five (5) days of such eventslabor unrest. The Party claiming excuse from performance shall, within two (2) Business Days calendar days after such Party has notice of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to excuse under this SectionArticle. If either Party validly exercises its rights under this SectionArticle, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of the Contractor's ’s services caused by one (1) or more of the events described in this Section Article shall not constitute a default by the Contractor under this Agreement. Notwithstanding the foregoing, however, if the Contractor is excused from performing all of its obligations hereunder for any of the causes listed in this Section Article for a period of thirty (30) calendar days or more, the SCWMA County shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) calendar days Business Days’ notice to Contractor unless Contractor has demonstratedthe Contractor, by in which case the thirtieth (30th) calendar day, to the satisfaction provisions of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by ContractorArticle 12.3 shall apply.

Excuse from Performance. The Parties parties shall be excused from performing their respective obligations hereunder if in the event they are prevented from so performing by reason of floods, earthquakes, other "acts of nature, God," war, civil insurrection, riots, labor unrest, acts of any government (including judicial action), and other similar catastrophic events which that are beyond the control of and not the fault of the Party party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by ContractorCompany's employees or directed at Contractor is not an excuse from performance and Contractor Company shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. The Party party claiming excuse from performance shall, within 48 hours (two (2) Business Days business days) after such Party party has notice of such cause, give the other Party party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of ContractorCompany's services caused by one or more of the events described in this Section excused shall not constitute a default by Contractor Company under Section 10.1 of this Agreement. Notwithstanding In the foregoingevent the Company is prevented from providing service, howevereither due to attachment or any other factor set forth above, if Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section including judicial action, for a period of thirty (30) calendar days or more, it is understood and agreed that the SCWMA shall nevertheless District will have the rightright to provide service pursuant to Article 9, in its sole discretioneither directly or by subcontracting with a third party. Under circumstances where the Company has failed to provide service and the default is excused, as set forth above, the District has the right to perform such services or to subcontract for the same, for up to one (1) year. In the case of excused labor unrest set forth above, however, the District has the right to perform said services or to subcontract for the same, for a period of up to six (6) months. Company agrees to pay the District's cost of providing the service. If, after the time specified herein, Company cannot thereafter provide service as agreed, the District can declare default and terminate this Agreement by giving ten (10) calendar days notice to Contractor unless Contractor has demonstrated, by the thirtieth (30th) calendar day, to the satisfaction of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by ContractorAgreement.

Excuse from Performance. The Parties Each Party shall be excused from performing their its respective obligations hereunder if they are and from any obligation to pay Liquidated Damages to the extent and for the period of time such Party is prevented from so performing by reason of floods, fires, earthquakes, other acts of nature, epidemics, pandemics, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party claiming excuse from performance hereunder. Labor In the case of labor unrest or job action directed at a third party over whom Contractor has no control, the inability of Contractor to provide services in accordance with this Agreement due to the unwillingness or failure of the third party to: (i) provide reasonable assurance of the safety of Contractor’s employees while providing such services, or (ii) make reasonable accommodations with respect to Container placement and point of Delivery, time of Collection, Disposal, or other operating circumstances to minimize any confrontation with pickets or the number of Persons necessary to make Collections shall, to that limited extent, excuse performance. The foregoing excuse shall be conditioned on Contractor’s cooperation in performing Collection and/or Disposal services at different times and in different locations. Further, in the event of labor unrest, including including, but not limited to to, strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted job action conducted by Contractor's ’s employees or directed at Contractor is not an excuse from performance and Contractor, or a subsidiary, Contractor shall not be obligated to excused from performance. In such case, Contractor shall continue to provide service notwithstanding a reasonably satisfactory level of performance during the occurrence pendency thereof, but Contractor shall not be required to adhere strictly to the specific requirements of any this Agreement regarding routes, Collection times or all similar matters; provided, however, that in no event shall more than seven (7) calendar days elapse between pickups of such eventsputrescibles from Residential and Commercial Customers. The Party claiming excuse from performance shall, within two (2) Business Days calendar days after such Party has notice of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party Contractor validly exercises its rights under this Section, the Parties Agency hereby waive waives any claim against each other Contractor for any damages sustained thereby, including, without limitation, Liquidated Damages. The partial or complete interruption or discontinuance of Contractor's ’s services caused by one or more of the events described in this Section shall not constitute a default by Contractor under this Agreement. Notwithstanding the foregoing, however, if Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days or more, the SCWMA Agency shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) calendar days Business Days’ notice to Contractor unless Contractor has demonstratedContractor, by in which case the thirtieth (30th) calendar day, to the satisfaction provisions of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by ContractorSections 11.2 and 11.3 shall apply.

Excuse from Performance. 1827 The Parties shall be excused from performing their respective obligations hereunder if and from any 1828 obligation to pay Liquidated Damages to the extent and for the period of time they are prevented from 1829 so performing by reason of floods, earthquakes, other acts of nature, war, civil insurrection, riots, acts of 1830 any government (including judicial action), and other similar catastrophic events which are beyond the 1831 control of and not the fault of the Party claiming excuse from performance hereunder. Labor In the case of 1832 labor unrest or job action directed at a third party over whom Contractor has no control, the inability of 1833 Contractor to provide services in accordance with this Agreement due to the unwillingness or failure of 1834 the third party to: (i) provide reasonable assurance of the safety of Contractor's employees while 1835 providing such services; or, (ii) make reasonable accommodations with respect to Container placement 1836 and point of Delivery, time of Collection, or other operating circumstances to minimize any 1837 confrontation with pickets or the number of Persons necessary to make Collections shall, to that limited 1838 extent, excuse performance. The foregoing excuse shall be conditioned on Contractor's cooperation in 1839 performing Collection services at different times and in different locations. Further, in the event of labor 1840 unrest, including but not limited to strike, work stoppage or slowdown, sick-outsickout, picketing, or other 1841 concerted job action conducted by the Contractor's ’s employees or directed at Contractor is not an excuse from performance and the Contractor, or a 1842 subsidiary, the Contractor shall not be obligated to excused from performance. In such case, Contractor shall 1843 continue to provide service notwithstanding a reasonably satisfactory level of performance during the occurrence pendency thereof, but the 1844 Contractor shall not be required to adhere strictly to the specific requirements of any this Agreement 1845 regarding routes, Collection times or all of such eventssimilar matters; provided, however, that in no event shall more 1846 than seven (7) calendar days elapse between pickups for Residential and Commercial Customers. 1847 The Party claiming excuse from performance shall, within two (2) Business Days calendar days after such Party has 1848 notice of such cause, give the other Party notice of the facts constituting such cause and asserting its 1849 claim to excuse under this Section. 1850 If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against 1851 each other for any damages sustained thereby. 1852 The partial or complete interruption or discontinuance of Contractor's services caused by one (1) or 1853 more of the events described in this Section shall not constitute a default by Contractor under this 1854 Agreement. Notwithstanding the foregoing, however, if Contractor is excused from performing its 1855 obligations hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days 1856 or more, the SCWMA each RA Member shall nevertheless have the right, in its sole discretion, to terminate this 1857 Agreement by giving ten (10) calendar days Business Days’ notice to Contractor unless Contractor has demonstratedContractor, by in which case the thirtieth (30th) calendar day, to the satisfaction provisions of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by ContractorSection 1858 11.2 shall apply.

Excuse from Performance. The Parties parties shall be excused from performing their respective obligations hereunder if in the event they are prevented from so performing by reason of floods, earthquakes, other "acts of natureGod", war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by ContractorFranchisee's employees or directed at Contractor Franchisee or its selected facilities is not an excuse from performance and Contractor Franchisee shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. The Party party claiming excuse from performance shall, within two (2) Business Days days after such Party party has notice of such cause, give the other Party party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of ContractorFranchisee's services caused by one or more of the events described in this Section excused shall not constitute a default by Contractor Franchisee under this Agreement. Agreement Notwithstanding the foregoing, however, if Contractor Franchisee is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of thirty seven (307) calendar days or more, the SCWMA City shall nevertheless have the rightright to review the circumstances under which the excuse from performance was granted. After such review, if the City determines the excuse from service is no longer valid, the City shall notify the Franchisee in its sole discretionwriting to resume service within two (2) days from the receipt of such notification. If the Franchisee fails to resume service within the two (2) days, the City shall have the right to terminate this Agreement by giving ten (10) calendar days notice notice, in which case the provisions relative to Contractor unless Contractor has demonstratedtaking possession of Franchisee's land, by the thirtieth (30th) calendar dayequipment and other property and engaging Franchisee's personnel in Article 11, City's Right to the satisfaction of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by ContractorPerform Services, and this Article 12 shall apply.

Excuse from Performance. The Parties Notwithstanding any other provision in this Agreement, each Party shall be excused from performing their its respective obligations hereunder and from any obligation to pay Liquidated Damages if they are it is prevented from so performing by reason of floods, earthquakes, other acts of nature, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party claiming excuse from performance hereunderhereunder (each a “Force Majeure Event”). Labor In the case of labor unrest or job action directed at a third party over whom Contractor has no control, the inability of Contractor to provide services in accordance with this Agreement due to the unwillingness or failure of the third party to: (i) provide reasonable assurance of the safety of Contractor's employees while providing such services; or (ii) make reasonable accommodations with respect to Container placement and point of Delivery, time of Collection, or other operating circumstances to minimize any confrontation with pickets or the number of Persons necessary to make Collections shall, to that limited extent, excuse performance. The foregoing excuse shall be conditioned on Contractor's cooperation in performing Collection services at different times and in different locations. Further, in the event of labor unrest, including but not limited to strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted job action conducted by the Contractor's ’s employees or directed at the Contractor, or a subsidiary, the Contractor is shall not an be excused from performance. In such case, Contractor shall continue to provide a reasonably satisfactory level of performance during the pendency thereof, but the Contractor shall not be required to adhere strictly to the specific requirements of this Agreement regarding Routes, Collection times or similar matters; provided, however, that in no event shall more than seven (7) calendar days elapse between pickups for Residential and Commercial Customers. Any labor action initiated by Contractor, including but not limited to a lock-out, shall not be grounds for any excuse from performance and Contractor shall be obligated to continue to provide service notwithstanding perform all obligations under this Agreement during the occurrence of any or all pendency of such eventsContractor-initiated labor action. The Party claiming excuse from performance shall, within two (2) Business Days calendar days after such Party has notice of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of Contractor's services caused by one (1) or more of the events described in this Section Force Majeure Events shall not constitute a default by Contractor under this Agreement. Notwithstanding the foregoing, however, if Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days or more, the SCWMA City shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) calendar days Business Days’ notice to Contractor unless provided Contractor has demonstrateddoes not fully resume performance of its obligations hereunder within such ten (10) Business Days, by in which case the thirtieth (30th) calendar day, to the satisfaction provisions of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by ContractorSection 10.4 shall apply.

Excuse from Performance. The Parties parties shall be excused from performing their respective obligations hereunder if in the event they are prevented from so performing by reason of floods, earthquakes, other "acts of natureGod", war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by Contractor's employees or directed at Contractor is not an excuse from performance and Contractor shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. The Party party claiming excuse from performance shall, within two (2) Business Days days after such Party party has notice of such cause, give the other Party party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained therebyArticle. The partial or complete interruption or discontinuance of ContractorFranchisee's services caused by one or more of the events described in this Section excused shall not constitute a default by Contractor Franchisee under this Agreement. Notwithstanding the foregoing, however, if Contractor Franchisee is excused from performing its obligations hereunder for any of the causes listed in this Section Article for a period of thirty (30) calendar days or more, the SCWMA District shall nevertheless have the rightright to review the circumstances under which the excuse from performance was granted. After such review, if the District determines the excuse from service is no longer valid, the District shall notify the Franchisee in its sole discretionwriting to resume service within two (2) days from the receipt of such notification. If the Franchisee fails to resume service within the two (2) days, the District shall have the right to terminate this Agreement by giving ten (10) calendar days notice notice, in which case the provisions relative to Contractor unless Contractor has demonstratedtaking possession of Franchisee's land, by the thirtieth (30th) calendar dayequipment and other property and engaging Franchisee's personnel in Article 12, District's Right to the satisfaction of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by ContractorPerform Services, and this Article 13 shall apply.

Excuse from Performance. The Parties shall be excused from performing their respective obligations hereunder if and from any obligation to pay Liquidated Damages to the extent and for the period of time they are prevented from so performing by reason of floods, earthquakes, other acts of nature, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party claiming excuse from performance hereunder. Labor In the case of labor unrest or job action directed at a third party over whom CONTRACTOR has no control, the inability of the CONTACTOR to provide services in accordance with this Agreement due to the unwillingness or failure of the third party to: (i) provide reasonable assurance of the safety of the CONTACTOR’s employees while providing such services; or, (ii) make reasonable accommodations with respect to Container placement and point of Delivery, time of Collection, or other operating circumstances to minimize any confrontation with pickets or the number of Persons necessary to make Collections shall, to that limited extent, excuse performance. The foregoing excuse shall be conditioned on the CONTRACTOR’s cooperation in performing Collection services at different times and in different locations. Further, in the event of labor unrest, including but not limited to strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted job action conducted by Contractor's the CONTRACTOR’s employees or directed at Contractor is the CONTRACTOR, or a subsidiary, the CONTRACTOR shall not an excuse be excused from performance and Contractor performance. In such case, the CONTACTOR shall be obligated to continue to provide service notwithstanding a reasonably satisfactory level of performance during the occurrence pendency thereof, but the CONTRACTOR shall not be required to adhere strictly to the specific requirements of any this Agreement regarding routes, Collection times or all of such eventssimilar matters; provided, however, that in no event shall more than seven (7) calendar days elapse between pickups for Residential and Commercial Customers. The Party claiming excuse from performance shall, within two (2) Business Days calendar days after such Party has notice of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to excuse under this SectionArticle. If either Party validly exercises its rights under this SectionArticle, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of Contractor's the CONTACTOR’s services caused by one (1) or more of the events described in this Section Article shall not constitute a default by Contractor the CONTRACTOR under this Agreement. Notwithstanding the foregoing, however, if Contractor the CONTRACTOR is excused from performing its obligations hereunder for any of the causes listed in this Section Article for a period of thirty (30) calendar days or more, the SCWMA CITY shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) calendar days Business Days’ notice to Contractor unless Contractor has demonstratedthe CONTRACTOR, by in which case the thirtieth (30th) calendar day, to the satisfaction provisions of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by ContractorArticle 12.3 shall apply.

Excuse from Performance. The Parties parties shall be excused from performing their respective obligations hereunder if in the event they are prevented from so performing by reason of floods, earthquakes, other "acts of natureGod", war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by ContractorFranchisee's employees or directed at Contractor Franchisee or its selected facilities is not an excuse from performance and Contractor Franchisee shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. The Party party claiming excuse from performance shall, within two (2) Business Days after such Party party has notice of such cause, give the other Party party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of ContractorFranchisee's services caused by one or more of the events described in this Section excused shall not constitute a default by Contractor Franchisee under this Agreement. Notwithstanding the foregoing, however, if Contractor Franchisee is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of thirty seven (307) calendar days Business Days or more, the SCWMA City shall nevertheless have the rightright to review the circumstances under which the excuse from performance was granted. After such review, if the City determines the excuse from service is no longer valid, the City shall notify the Franchisee in its sole discretionwriting to resume service within two (2) Business Days from the receipt of such notification. If the Franchisee fails to resume service within the two (2) Business Days, the City shall have the right to terminate this Agreement by giving ten (10) calendar days notice Business Days’ notice, in which case the provisions relative to Contractor unless Contractor has demonstratedtaking possession of Franchisee's land, by the thirtieth (30th) calendar dayequipment and other property and engaging Franchisee's personnel in Article 11, City's Right to the satisfaction of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by ContractorPerform Services, and this Article 12 shall apply.

Excuse from Performance. ‌ 2722 The Parties shall be excused from performing their respective obligations hereunder and from any 2723 obligation to pay Liquidated Damages if they are prevented from so performing by reason of floods, 2724 earthquakes, other acts of nature, war, terrorist activity, civil insurrection, riots, acts of any government 2725 (including judicial action), and other similar catastrophic events which are beyond the control of and not 2726 the fault of the Party claiming excuse from performance hereunder. Labor In the case of labor unrest or job 2727 action directed at a third party over whom Contractor has no control, the inability of Contractor to 2728 provide services in accordance with this Agreement due to the unwillingness or failure of the third party 2729 to: (i) provide reasonable assurance of the safety of Contractor's employees while providing such 2730 services; or, (ii) make reasonable accommodations with respect to Container placement and point of 2731 Delivery, time of Collection, or other operating circumstances to minimize any confrontation with 2732 pickets or the number of Persons necessary to make Collections shall, to that limited extent, excuse 2733 performance. The foregoing excuse shall be conditioned on Contractor's cooperation in performing 2734 Collection services at different times and in different locations. Further, in the event of labor unrest, 2735 including but not limited to strike, work stoppage or slowdown, sick-outsickout, picketing, or other concerted 2736 job action conducted by the Contractor's ’s employees or directed at Contractor is not an excuse from performance and the Contractor, or a subsidiary, the 2737 Contractor shall not be obligated to excused from performance. In such case, Contractor shall continue to provide service notwithstanding a 2738 reasonably satisfactory level of performance during the occurrence pendency thereof, but the Contractor shall not 2739 be required to adhere strictly to the specific requirements of any this Agreement regarding routes, 2740 Collection times or all of such eventssimilar matters; provided, however, that in no event shall more than seven (7) 2741 calendar days elapse between pickups for Residential and Commercial Customers. 2742 The Party claiming excuse from performance shall, within two (2) Business Days calendar days after such Party has 2743 notice of such cause, give the other Party notice of the facts constituting such cause and asserting its 2744 claim to excuse under this Section. 2745 If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against 2746 each other for any damages sustained thereby. 2747 The partial or complete interruption or discontinuance of Contractor's services caused by one (1) or 2748 more of the events described in this Section Article shall not constitute a default by Contractor under this 2749 Agreement. Notwithstanding the foregoing, however, if Contractor is excused from performing its 2750 obligations hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days 2751 or more, the SCWMA City shall nevertheless have the right, in its sole discretion, to terminate this Agreement by 2752 giving ten (10) calendar days Business Days’ notice to Contractor unless Contractor has demonstratedContractor, by in which case the thirtieth (30th) calendar day, to the satisfaction provisions of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by ContractorSection 10.4 shall 2753 apply.