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2011-140A
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2011-140A
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Last modified
2/10/2016 11:06:13 AM
Creation date
10/1/2015 2:42:57 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/21/2011
Control Number
2011-140A
Agenda Item Number
15.B.3
Entity Name
INEOS New Planet BioEnergy
Indian River County Solid Waste Disposal District
Subject
Feedstock Supply Agreement
Alternate Name
SWDD
Supplemental fields
SmeadsoftID
10046
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Section 4 .3 CPI and HHI Adiustments <br /> The Company ' s Processing Fee , Supplemental Processing Fee , and District ' s Ash <br /> Residue Fee , and Landfill Gas Price shall not be increased before October 1 , 2014 . On <br /> October 1 , 2014 and each October 1 thereafter, the Processing Fee and Supplemental <br /> Processing Fee , and District ' s Ash Residue Fee shall be adjusted upward or downward to <br /> reflect fifty percent ( 50%) of the change in the CPI that occurred during the prior year. <br /> The change in the CPI shall be calculated by using the CPI Adjustment Factor . <br /> Notwithstanding anything else contained herein , the Processing Fee and Supplemental <br /> Processing Fee , and District ' s Ash Residue Fee shall not be adjusted, up or down , more <br /> than three percent (3 %) in any Contract Year. <br /> On October 1 , 2014 and each October 1 thereafter, the District ' s Landfill Gas <br /> Price shall be adjusted upward or downward to reflect fifty percent (50 %) of the change <br /> in the Henry Hub Index (HHI) that occurred during the prior year. The change in the <br /> HHI shall be calculated by using the HHI Adjustment Factor. Notwithstanding anything <br /> else contained herein, the District ' s Landfill Gas Price shall not be adjusted, up or down, <br /> more than three percent (3 % ) in any Contract Year, <br /> The Company shall provide a written notice of the proposed adjustment and <br /> appropriate documentation to the District no later than August 31 , 2014 and each August <br /> 31 thereafter. Each such adjustment shall become effective on October 1St <br /> Section 4 .4 Fee Adiustments Based on Market Conditions <br /> Subject to the conditions contained in this Section 4 . 4 , the Parties shall <br /> periodically evaluate the prevailing market conditions and then adjust, if necessary, the <br /> Processing Fee and/or Supplemental Processing Fee paid to the Company. The market <br /> evaluations shall be conducted immediately following the end of the seventh Contract <br /> Year and the fourteenth Contract Year. <br /> Each market evaluation shall be conducted by an engineer or consultant <br /> ("Independent Engineer") that is knowledgeable about the solid waste market in Florida. <br /> The Independent Engineer shall be selected by the Parties . Before either Party <br /> recommends any Person to serve as the Independent Engineer, the Party shall solicit and <br /> fairly consider any objections that the other Party may have concerning such Person . The <br /> cost of the Independent Engineer ' s market evaluation shall be paid equally by both <br /> Parties . <br /> In general , the Independent Engineer shall determine the costs that would be <br /> incurred by the District if, hypothetically, the District elected to use another Person to <br /> provide the basic solid waste disposal services that will be provided by the Company <br /> pursuant to this Agreement. For the purposes of this market evaluation, the Independent <br /> 25 <br />
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