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16 <br />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, inaneration, 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 peratits 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 aze 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 Pa ent. <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. NConsumer 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 tune; 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 tune during fiscal year <br />1995-96; Sponsors shall be notified by March 1,1996 of any such request to be <br />effective at any tune during fiscal year 1996-97. The request for any price <br />6 <br />