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labor unrest or job action directed at a third party over whom the Contractor has no control, the inability of <br />the Contractor to make collections due th the unwillingness or failure of the third party to provide <br />reasonable assurance of the safety of the Contractor's employees while making collections or to make <br />reasonable accommodations with respect to container placement and point of delivery, time of collection, <br />or other operating circumstances to minimize any confrontation with pickets or the number of persons <br />necessary to make collections, shall, to that limited extent, excuse performance. The foregoing excuse <br />shall be conditioned on the Contractor's cooperation in making collection at different times and in different <br />locations. <br />B. Inexcuse from Performance. In addition, none of the following are to be considered an excuse <br />from performance: (a) general economic conditions, interest or inflation rates, or currency fluctuation or <br />changes in the cost or availability of fuel, commodities, supplies or equipment; (b) changes in the financial <br />condition of the Contractor or any of its subcontractors affecting their ability to perform their obligations; (c) <br />the consequences of errors, neglect or omissions by the Contractor, or any subcontractor; (d) any failure of <br />any subcontractor or supplier to furnish labor, materials, service or equipment for any reason; (e) <br />equipment failure; or (f) changes in market prices for, or the unavailability of markets for, the sale or <br />purchase of Recyclable Materials. <br />C. Notice. The Party claiming excuse from performance shall, within two (2) days after such party <br />has notice of such cause, give the other party notice of the facts constituting such cause and asserting its <br />claim to excuse under this Article. Notwithstanding, the Contractor in the event of a declared disaster shall <br />comply with the emergency plans of the City and County. <br />D. Waiver of Damages. In the event that either party validly exercises its rights under this Article, <br />the parties hereby waive any claim against each other for any damages sustained thereby. <br />E. Interruption or Discontinuance of _erv_ice. The partial or complete interruption or <br />discontinuance of the Contractor's services caused by one or more of the events described in this Article <br />and constituting an excuse from performance shall not constitute an Event of Default by the Contractor <br />under this Agreement. Notwithstanding the foregoing, however, (i) the existence of an excuse from <br />performance shall not affect the City's rights under Article 11.5 and (ii) if the Contractor is excused from <br />performing its obligations hereunder for any of the causes listed in this Article for a period of thirty (30) days <br />or more, other than as the results of third party labor disputes where service cannot be provided for <br />reasons described earlier in this Article, the City shall nevertheless have the right, in its sole discretion, to <br />terminate this Agreement by giving ten (10) days notice, in which case the provisions of Article 11.4 shall <br />apply. <br />i.~~,~n;,~„a,,,,pa ovovoo Page 49 of 59 <br />