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Excessive Amount means, solely with regard to Loads of material delivered to the Facility pursuant to this Agreement, that twenty-five percent (25%) or more of the Load is comprised of Non-Conforming Material. Facility means the recycling facility that is owned and operated by St. Lucie at 6120 Glades Cut-Off Road, Ft. Pierce, Florida. Force Maieure means the following events and circumstances, but only to the extent that they delay or preclude a Party from performing one or more of its obligations under this Agreement: (a) a hurricane, tornado, lightning, flood, fire, explosion, or epidemic; (b) acts of war, terrorism, insurrection, riots, civil disturbances, or national or international calamities; (c) suspension, termination, or interruption of utilities necessary to a Party's operations or duties under this Agreement; (d) an injunction, or a legal or equitable proceeding brought against a Party, or a change in Applicable Law; (e) a malfunction or breakdown at the Facility; and,(f) any act, event, or condition that is determined by mutual agreement of the Parties to be of the same general type as the events of Force Majeure identified in (a) through (d), above. Indian River means the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida. Load means the Recyclable Materials and other cargo in a truck or tractor trailer that transports Recyclable Materials to St. Lucie's Facility. Non-Conforming Material means any material that is not a Program Material. Non-Conforming Material also includes but is not limited to: (a) any Program Material that is mixed with or contaminated by solid or liquid waste; and (b) any Program Material that cannot be processed at the Facility or cannot be sold because it is too wet, too old, or otherwise in unacceptable condition. Party means, depending on the context, either Indian River or St. Lucie. Parties means Indian River and St. Lucie. Program Materials means those Source Separated Recyclable Materials that St. Lucie will accept for recycling at its Facility. The current list of Program Materials is contained in Exhibit "A." Recyclable Material means those materials that are capable of being recycled. Source Separated means that Recyclable Materials are separated from solid waste at the location (e.g., a home)where the Recyclable Materials and solid waste are generated. Source Separated does not require that the various types of Recyclable Materials must be separated from each other, and Page 3 of 15 147