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y <br /> to a freight charge-back adjustment. The SUPPLIER reserves the right to effect <br /> repairs to the BUYER ' S trailers, caused solely by the negligence of the SUPPLIER, <br /> with SUPPLIER' S own work force. <br /> D . Under GENERAL CONDITIONS of the Contract, delete paragraph F in its entirety. <br /> E. Under GENERAL CONDITIONS of the Contract, add new paragraph L to read as follows : <br /> L. Either party' s failure to perform its obligations hereunder (including BUYER ' S <br /> obligation to accept delivery of #8 ONP during the relevant time period) shall be <br /> excused to the extent, and for the period of time such non-performance is caused <br /> by war, invasion , fire, explosion , flood, riot, strikes , acts of God , delays or <br /> defaults of carriers, energy shortages, or other causes beyond such party ' s <br /> reasonable control . The excuse of performance provided herein shall not be <br /> available to a party which fails to employ diligence in removing or curing such <br /> event of force majeure. The party affected by force majeure shall give the other <br /> party prompt written notice of any inability to perform hereunder. In the event <br /> that the SUPPLIER is affected by the BUYER exercising its right to force <br /> majeure, the BUYER will use reasonable efforts to aid in marketing such tons . <br /> F. All terms and conditions of the Contract not amended herein remain in full force and effect. <br /> IN WITNESS WHEREOF, SUPPLIER AND BUYER have caused this Contract Modification <br /> Agreement to be signed by their respective , duly authorized officers as of the day and year first <br /> stated above. <br /> INDIAN RIVER COUNTY, FLORIDA <br /> SOLID WA DISPOSAL DISTRICT <br /> SOLID RECYCLING CORPORATION <br /> By By: , <br /> R. MACHT THOMAS M. HAHN <br /> Chairman President <br /> Date Approved by SWDD 06 - 24 - 2003 Date Approved by SP R ycling <br /> Corporation 6 6 n <br /> ApF� p VLt7 A TO IR6tM <br /> AND GAL SUFFICIENCY <br /> BY <br /> / ! <br /> MA IA E . j. . 1 . / L <br /> ASS STANT COUNTY ATATORNEY ,moi/l/�` <br /> 3 <br />