R91-107 AUTHORIZING AGREEMENT - WASTE RECYCLING, INC.

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. � „ � • ' event, shall money damages be claimed or paid. t;onsent or approval given by any party for any specific act or thin� shall not be deemed to be a consent or approval to any subsequent act or thing of the same or any other kind. 14.12. If an� provision of this Agreement is for any reason held to be inv�lid or unenforceable as to any person or cirewnstance, the application of such provision to persons or circtar�stances other than those as to which it was held invalid or unenforceable, shall not be affected thereby, and all provisions of this Agre�nent in all other respects shall rerriain in full force and effect and be valid and enforceable. 14.13. Neither Contractor or the City shall be liable for the failure to perform their respective duties under this Agree�nent if such failure is caused by a catastrophe, riot, war, goverrrnental order or reoulations, strike, fire, accident, act of God or other similar or different contin�ency beyond the reasonable control of the affected party; provided, however that weather shall not be an excuse for failure to perform under this A,greernent 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 anj� rights, duties or obligations hereunder, except those accrued as of tne time referred to herein, if a court of competent jurisdiction rules that the c:ity may not cor�el collection of recycling fees frort� 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 preliminarily or tanporarily enjoined or restrained by such court from so ca�ellino such fee collections. In the event this Agreement is 26