hauler or collector collecting Disposable Solid Waste generated within the District Member’s political boundaries is not delivering all such Disposable Solid Waste to the Solid Waste Processing and Transfer Facilities, the District Member shall within 120 days thereafter, unless otherwise agreed to in writing by the County, enter a contract with a private hauler or collector for collection of all Disposable Solid Waste generated within the District Member’s political boundaries and delivery of that Disposable Solid Waste to the Solid Waste Processing and Transfer Facilities.

5.5    The County and the District Member expressly recognize that the County is a third party beneficiary of the District Member’s agreement with each private hauler or collector for collection of Disposable Solid Waste, and the County is entitled to enforce the delivery requirements of those agreements on the same basis as the District Member as if the County would be a party to the agreements.

6.1    For the purposes of this Article VI, the term Force Majeure shall mean any cause beyond the reasonable control of the party whose performance is affected, including without limitation acts of God, war, riot, fire, explosion, wind storm, flooding, labor disputes, military or usurped power, sabotage, inability to obtain or use fuel, power or raw materials, shortage or failure of the usual means of transportation, court injunction, accident or breakdown of machinery or equipment, or action taken by any governmental authority which prevents or hinders performance of the parties’ obligations under this Agreement (except insofar as the governmental action in question was taken by the County or the District Member).

6.2    In fulfilling the obligations hereunder, except with regard to the payment of Tipping Fees by the District Member, neither the County nor the District Member shall be liable for delay or failure to perform caused by reason of Force Majeure. The District Member’s obligations to deliver Disposable Solid Waste, as required hereunder, and the County’s obligations to accept Disposable Solid Waste in accordance with the terms and conditions hereof,