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f)GGn 19 P,GF 69? <br />8) Force Majeure <br />a) Suspension of Performance: The performance of its duties and obligations <br />hereunder by either party shall be suspended to the extent that such <br />performance, in whole or in part, shall be rendered impracticable by Force <br />Majeure. <br />b) Definition of Force Majeure: For purposes herein, Force Majeure shall be <br />termed as any event or occurrence of any nature or kind in respect to the <br />duties herein that is beyond the control of and occurs without the negligence <br />of the party invoking the same, including without limitation: acts of God or of <br />a public enemy, acts of government or governmental authority in either its <br />sovereign or contractural capacity, wars, riots, fires, floods, explosions, <br />epidemics, boycotts, excessive fuel prices, blackouts, strikes, labor disputes, <br />equipment breakdowns, and any transportation problem directly affecting or <br />inhibiting pickups. <br />c) Notice: In the event that either party hereto determines that a Force Majeure <br />has occurred, or it is likely to occur, said party shall promptly furnish to the <br />other party notice in writing of such Force Majeure, setting forth the nature of <br />such problem, the anticipated effect thereof on said party's performance <br />hereunder and when normal performance may be expected. In the event of <br />excessive fuel prices of over the road diesel, Contractor and County will <br />negotiate satisfactory terns for both parties involved. <br />d) No Unreasonable Delay: Any party hereto whose performance hereunder is <br />delayed or prevented by a factor of Force Majeure, said party subsequently <br />invokes Force Majeurc, shall take all reasonable steps to resume, with the <br />least possible delay, compliance with its obligations hereunder, provided that <br />said party shall not be required to settle any strike or labor dispute on terms <br />not acceptable to it. <br />9) Representations <br />9.1 The Contractor represents, warrants and covenants to County that: <br />a) It is an entity duly organized, validly existing and in good standing <br />under the laws of the State of North Carolina, and is duly and <br />validly qualified to conduct business and is in good standing in all <br />jurisdictions in which such qualification is necessary. <br />b) The execution, delivery and performance of this Contract have <br />been duly and validly authorized by all corporate action required to <br />be taken and will not result in a hreach of, constitute a default <br />under, or violate the terms of Contractor's organizational <br />agreement, or any rule, regulation, judgment. decree. order, or <br />