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16. EXCUSE OF PERFORMANCE. The performance of this Agreement by either parry, except for the payment by the Hospital of money for the Service already rendered to it by Daniels, may be suspended by either party in the event such performance is prevented by a cause or causes beyond the reasonable control of that parry. Such causes shall include, but not be limited to, acts of God, act or war, riot, fire, explosion, accident, flood, or sabotage, lack of adequate fuel, power, raw materials, labor or transportation facilities, governmental laws, regulations, requirements, orders, or actions, breakage or failure of machinery or apparatus, national defense requirements, injunctions or restraining orders, labor trouble, strike, lockout or injunction (providing a party shall not be required to settle a labor dispute against its own best judgment). 17. THIRD PARTY BENEFICIARIES/PARTIES IN INTEREST. This Agreement has been made and is made solely for the benefit of the parties hereto and their respective successors and permitted assigns. Nothing in this Agreement is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and permitted assigns. Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement. 18. ASSIGNMENT. Neither parry may assign any right or obligations of this Agreement without the express written consent of the other parry. Such consent, however, shall not unreasonably be withheld. Notwithstanding, Daniels may assign certain of its collection and removal obligations to a duly licensed and permitted medical hazardous waste transporter. 19. NOTICE. All notices, requests, demands, and other communications required to or permitted to be given under this Agreement shall be in writing and shall be conclusively deemed to have been'duly given: (i) when hand delivered to the other party; or (ii) when received when sent by facsimile at the address and number set forth below (provided, however, that notices given by facsimile shall not be effective unless either: (a) a duplicate copy of such facsimile notice is promptly given by depositing same in a United States post office with first-class postage prepaid and addressed to the parties as set forth below; or (b) the receiving parry delivers a written confirmation of receipt for such notice either by facsimile or any other method permitted under this section. Additionally, any notice given by telex or facsimile shall be deemed received on the next business day if such notice is received after 5:00 p.m. (recipient's time) or on a non -business day); or (iii) three business days after the same have been deposited in the United States post office with first class or certified mail, return receipt requested, postage prepaid and addressed to the parties as set forth below; or (iv) the next business day after same have been deposited with a national overnight delivery service reasonably approved by the parties (i.e., Federal Express and DHL Worldwide Express being deemed approved by the parties), postage prepaid, addressed to the parties as set forth below with next business day delivery guaranteed, provided that the sending party receives a confirmation of delivery from the delivery service provider. IF TO DANIELS: Daniels SharpSmart, Inc. Attention: Randy Shillington 1772 Los Arboles J 112 Thousand Oaks, CA 91362 Facsimile: (805) 552-0734 "S" SERIES SHARPSMART COLLECTION AND DISPOSAL SERVICE AGREEMENT 4837-1/Sutter Tracy Community Hospital 0