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earthquakes , fires , hurricanes , tropical storms , floods , tornadoes , <br /> restraints of governments and people , and civil disturbances ; <br /> (2 ) breakage of machinery or equipment (not caused by <br /> poor maintenance or operations) and necessity for making repairs <br /> or alterations to machinery or equipment (other than regularly <br /> scheduled or routine maintenance) ; <br /> (3 ) the enactment of any law that imposes a constraint <br /> on the District and thus reduces the waste stream arriving at the <br /> Facility Site or prevents the District from providing Acceptable <br /> Waste under this Agreement , and/or or prevents the Company ' s <br /> Facility from accepting such Acceptable Waste ; <br /> (4) acts of civil or military authority (including, but not <br /> limited to , orders , judgments or decrees of any federal , state or <br /> local courts or administrative or regulatory agencies) , and the <br /> passage of new regulations or legislation that make the Facility <br /> illegal to operate ; and <br /> (5 ) any other cause not reasonably within the control of <br /> the Party seeking relief and which by the exercise of due diligence <br /> and Commercially Reasonable Efforts such Party is unable to <br /> prevent or overcome . <br /> Force Majeure shall include : (i) in those instances where either Party is required to <br /> obtain servitudes , rights of way, grants , permits or licenses to enable such Party to fulfill <br /> its obligations hereunder, the inability of such Party to acquire , or the delays on the part <br /> of such Party acquiring , at reasonable cost and after the exercise of Commercially <br /> Reasonable Efforts , such servitude , rights of way, grants , permits or licenses ; and (ii) in <br /> those instances where either Party is required to furnish materials and supplies for the <br /> purpose of constructing, operating , or maintaining facilities or is required to secure grants <br /> or permissions from any governmental agency to enable such Party to fulfill its <br /> obligations hereunder, the inability of such Party to acquire , or delays on the part of such <br /> Party in acquiring, at reasonable cost and after the exercise of Commercially Reasonable <br /> Efforts , such materials and supplies , permits and permissions . <br /> Force Majeure shall not include : (i) market changes that affect the cost of complying <br /> with and performing under this Agreement ; (ii) changes in tax law ; or (iii) any change in <br /> applicable law that affects the economic return to either Party as a result of the activities <br /> and transactions contemplated under this Agreement. <br /> 5 <br />