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2011-140A
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2011-140A
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Last modified
2/10/2016 11:06:13 AM
Creation date
10/1/2015 2:42:57 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/21/2011
Control Number
2011-140A
Agenda Item Number
15.B.3
Entity Name
INEOS New Planet BioEnergy
Indian River County Solid Waste Disposal District
Subject
Feedstock Supply Agreement
Alternate Name
SWDD
Supplemental fields
SmeadsoftID
10046
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The Party relying on a Force Majeure event as justification for a delay or failure <br /> of performance hereunder shall give the other Party notice by telephone as soon as <br /> reasonably practicable , followed by written notice within seven (7) days , of the Force <br /> Majeure event . The notice shall identify the event, the anticipated effect on the Party ' s <br /> performance , the anticipated duration of any non-performance , and the measures being <br /> taken to reduce or eliminate the cause of the non-performance . <br /> The provisions of this Article V shall not relieve a Party from its obligation to use <br /> Commercially Reasonable Efforts to overcome or remove the effects of such Force <br /> Majeure . <br /> ARTICLE VI <br /> TERM, DEFAULT AND TERMINATION <br /> Section 6 . 1 Term ; Renewals . <br /> The term of this Agreement shall commence on the Effective Date and continue <br /> for a period of twenty (20) years (the "Initial Term") following the Commencement Date , <br /> unless terminated earlier in the manner provided herein . The Parties shall have the right <br /> to extend this Agreement for up to two (2 ) consecutive ten-year renewal terms ("Renewal <br /> Terms ") , provided Company and District mutually agree to extend this Agreement in <br /> writing at least one hundred eighty ( 180) days prior to the end of the Initial Term or the <br /> then current Renewal Term . All renewals shall be subject to the same terms , conditions , <br /> and fees set forth herein , unless agreed to otherwise in writing by both Parties in an <br /> amendment to this Agreement . <br /> Section 6 . 2 Default and Termination . <br /> A . Events of Default. Either Party may immediately terminate this <br /> Agreement for cause , without prejudice to any other rights or remedies the terminating <br /> Party may have under the law, except as provided herein, when there is an event of <br /> default by the other Party. An event of default shall occur if the other Party shall ( 1 ) <br /> suspend or liquidate its business, (2) become insolvent or subject to a petition of <br /> involuntary bankruptcy and the appointment of a trustee or receiver, or (3 ) make an <br /> assignment for the benefit of creditors , other than as permitted in Section 8 . 3 . A. An <br /> event of default also shall occur if a Party fails to perform a material obligation under this <br /> Agreement and such failure is not cured, or a good faith reasonable plan to correct the <br /> failure within sixty (60) days is not implemented, within thirty (30) days after notice of <br /> the default is provided by the non- defaulting Party to the defaulting Party . A failure to <br /> perform a material obligation under this Agreement shall include , but not be limited to , <br /> 29 <br />
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