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C <br /> 1 Po <br /> r <br /> y, <br /> a U CQ: ....., a changes in interest rates, labor casts, energy prices, insurance costs, commodity prices, <br /> currency values, exchange rates or other general econotic conditions" (emphasis added). The Town <br /> contends that the alleged diminished approved disposal capacitor you cite in support of the wnilateral'price <br /> increase is a `'general economic condition" or general condition within the waste disposal industry rather <br /> than a UCC event as specified in Article 13. A- ,We deny that such a development,even if verified,would <br /> he a typical `force rna jeure" occurrence <br /> Accordingly, we.do not consider NBWS' August 9, 20 "no° if cation" to-the Torn to he an appropriate <br /> exercise of any right under the ncontrol-labie Circumstances language of,article 13, Should you wish to <br /> ,.engage,in further discussion can the Disposal Fee rate based on the circumstances you reference in ,said <br /> correspondence, l suggest that a negotiated written amendment to the Waste Disposal Agreement would <br /> he the appropriate vehicle by which any such rate change should he implemented. Absent such an <br /> amendment to our Agreement, he advised that Mashpee contends that the fees and charges to which the <br /> respective parties are bound for the remaining term of our Agreement are those established by Article 1 <br /> of the March 5, 2014 Am'endment'#1 p To Waste Disposal Agreement and the initial November 15, 2013 <br /> Waste Disposal Agreement. Mashpee will continue to abide by said Agreement terms. <br /> `lease contact nee if you have any further questions in this regard. <br /> Sincerely, <br /> Rodney C.Collins <br /> Torn Ma-na.ge-r <br />