R94-118 AUTHORIZING AGREEMENT - WASTE RECYCLING, INC.

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• .� � � i � �' ,� � ti . , ' ; .. thereby, and all provisions of this Agreement in all other respects shall remain in full force and effect and be valid and enforceable. ' h hll li 1 frth fil t 14.13. Neit er Contractor or the City s a be ab e o e a ure o perform their respective duties under this Agreement if such failure is caused by a catastrophe, riot, war, governmental order or regulations, strike, fire, accident, act of God or other similar or different contingency beyond the reasonable control of the affected party; provided, however that weather shall not be an excuse for failure to perform under this Agreement except as herein above provided in Subsection 4.4. 14.14. This Agreement shall be null and void, and neither the City nor the Contractor shall have any rights, duties or obligations hereunder, except those accrued as of the time referred to herein, if a court of competent jurisdiction rules that the City may not compel collection of recycling fees from property owners, whether by means of termination of water service or otherwise. At the City's sole discretion, this Agreement may be tolled during the period of any litigation over said issue, but only for any period during which the City is preliminary or temporarily enjoined or restrained by such court from so compelling such fee collections. In the event this Agreement is tolled, Contractor's obligations hereunder shall be suspended for the period tolled; but Contractor shall be entitled to any payment accrued as of the time of tolling. 14.15. The City shall adopt an Ordinance forbidding scavenging or otherwise removing recyclable materials from recycling containers or collection points, by anyone other than Contractor and provide for appropriate penalties to be determined by the City.