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ARTICLE 6 - FORCE MAJEURE, TERMINATION AND REMEDIES
<br />6.1 Force Majeure.
<br />(a) Force Majeure Defined. As used herein, "Force Majeure" means an act, event or
<br />condition that actually and proximately prevents or hinders a Parry from performing
<br />any of its obligations (other than an obligation to make payments of money when
<br />due) under this Agreement, but (a) only if such act, event or condition is beyond
<br />the reasonable control of the Party relying thereon as justification for not
<br />performing an obligation or complying with any requirement of such Parry under
<br />this Agreement; (b) the Force Majeure is not the result of the fault or negligence of
<br />the Parry claiming Force Majeure; and (c) only to the extent the Party claiming
<br />Force Majeure is unable to prevent, avoid or overcome the Force Majeure through
<br />the exercise of commercially reasonable efforts. Such acts, events or conditions
<br />shall include, but not be limited to:
<br />(i) acts of God, strikes, lockouts, or other industrial disturbances, acts of the
<br />public enemy, terrorism, wars, blockades, explosions, insurrections, riots,
<br />epidemics, pandemics, landslides, lightning, earthquakes, fires, hurricanes,
<br />tropical storms, floods, tornadoes, restraints of governments and people, and
<br />civil disturbances;
<br />(ii) with respect to the District, any Change -in -Law -(other than a Change -in -
<br />Funding of the County Government) that imposes a constraint on the District
<br />which materially reduces the ability of or prevents the District from providing
<br />Wastewater or other inputs to the Company under this Agreement, and/or or
<br />prevents the Company and/or the Facility from accepting such Wastewater
<br />(but not a Change -in -Law that limits the District's ability to pay its obligations
<br />hereunder);
<br />(iii) with respect to the Company, any Change -in -Law (other than a law that results
<br />in a Change -of -Funding);
<br />(iv) acts of civil or military authority (including, but not limited to, orders,
<br />judgments or decrees of any federal, state or local courts or administrative or
<br />regulatory agencies), and the passage of new regulations or legislation that
<br />make the Facility illegal to operate;
<br />(v) in those instances where either Parry is required to obtain servitudes, rights of
<br />way, grants, Permits or licenses to enable such Party to fulfill its obligations
<br />hereunder, the inability of such Party to acquire, or the delays on the part of
<br />such Parry acquiring, at reasonable cost (defined by industry standards at the
<br />time), such servitude, rights of way, grants, Permits or licenses; and
<br />(vi) in those instances where either Party is required to furnish materials and
<br />supplies for the purpose of constructing, operating, or maintaining facilities
<br />or is required to secure grants, Permits or permissions from any governmental
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