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5. Excuse of Performance. The Sponsors' obligation to deliver and LES' <br /> obligation to accept for servicing any Waste pursuant to this Agreement may be <br /> suspended by either party in the event of any of the following events which <br /> prevent the delivery,transportation, acceptance,treatment,incineration, or <br /> disposal of the Waste: act of God,war,riot,fire,explosion, accident,flood, <br /> sabotage; compliance with governmental requests,laws,regulations,orders or <br /> actions;revocation or modification of governmental permits or other required <br /> licenses or approvals; national defense requirements or any other event beyond <br /> the reasonable control of such party; labor trouble, strike, lockout or injunction; <br /> provided,however,that the event is not due to acts or omissions which are in <br /> the reasonable control of the party claiming an excuse of performance, and <br /> further provided that neither party shall be required to settle a labor dispute <br /> against its own best judgment. The parties shall use their best efforts to perform <br /> this Agreement upon the cessation of the event giving rise to the delay. <br /> 6. Compensation and Payment. <br /> a. The Sponsors agree to pay LES for its services in accordance with the <br /> price and terms of payment set forth in the attached Appendix#6, the Pricing <br /> Appendix. Prices quoted in the Pricing Appendix are to be firm for one (1) year <br /> following the date of execution of this Agreement. Subsequent price <br /> adjustments after that date shall be limited to no more than the amount of the <br /> annual percentage change of the Consumer Price Index for the twelve month <br /> period immediately prior to the date of the request. "Consumer Price Index" <br /> shall mean the consumer price index for all urban consumers (all items index) as <br /> published by the U.S. Department of Labor, Bureau of Labor Statistics,from time <br /> to time; provided,however,if such Consumer Price Index is no longer <br /> published, such term shall refer to any other reasonable cost of living index <br /> agreed to by the parties hereto. Sponsors shall be notified by March 1, 1995 of <br /> any such price adjustment request to be effective at any time during fiscal year <br /> 1995-96; Sponsors shall be notified by March 1, 1996 of any such request to be <br /> effective at any time during fiscal year 1996-97. The request for any price <br /> 6 <br />