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<br /> FOURTH AMENDMENT TO
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<br /> FEEDSTOCK SUPPLY AGREEMENT D 13 ` 6 -96
<br /> THIS FOURTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT
<br /> ("Fourth Amendment") is entered into as of this 19thday of March, 2013 , by and between the
<br /> Indian River County Solid Waste Disposal District ("District"), a dependant special district of
<br /> Indian River County, Florida ("District"), and INEOS New Planet BioEnergy, LLC ("INEOS"),
<br /> a Delaware limited liability company. (Capitalized terms that are used but not defined in this
<br /> Third Amendment shall have the meaning set forth in the Parties ' Feedstock Supply Agreement,
<br /> the First Amendment or the Second Amendment, as described below) .
<br /> WITNESSETH:
<br /> WHEREAS, on July 15 , 2011 , the Parties entered into the Feedstock Supply Agreement
<br /> ("Feedstock Agreement"), which was subsequently amended by the First Amendment to
<br /> Feedstock Supply Agreement, dated March 13 , 2012 ("First Amendment"), by the Second
<br /> Amendment to Feedstock Supply Agreement Concerning Cash Deposit and Escrow Agreement
<br /> of Section 7. 4, dated April 25 , 2012 ("Second Amendment"), and by the Third Amendment to
<br /> Feedstock Supply Agreement, dated November 13 , 2012 ("Third Amendment"); and
<br /> WHEREAS, in section 4 of the First Amendment, the District granted to INEOS a
<br /> temporary license to occupy and use the District ' s Vegetative Waste Management Area for a
<br /> period of time ending, at the latest, on March 13 , 2013 , which date was extended in the Third
<br /> Amendment to April 30, 2013 , and which date the Parties desire to extend in this Fourth
<br /> Amendment to May 31 ,, 2013 ,; and
<br /> WHEREAS, in section 6 of the First Amendment the Parties provided that the District
<br /> would charge and INEOS would pay a Scale Fee of three dollars ($3 .00) "for each out of county
<br /> vehicle for the first nine months, and three dollars ($3 . 00) for each vehicle after nine months,"
<br /> that used the scale and delivered Vegetative Waste to the Vegetative Waste Management Area,
<br /> which time period ("nine months") was changed in the Third Amendment to April 30, 2013 , and
<br /> which time period the Parties desire to change in this Fourth Amendment to May 31 , 2013 ; and
<br /> WHEREAS, in section 3 . 1132 of the Feedstock Agreement, the Parties set operating
<br /> hours of the Facility of 6 a.m. to 6 p.m. , which operating hours the Parties desire to change in
<br /> this Fourth Amendment to align with the operating hours of the District' s Landfill of 7 a.m. to 5
<br /> p.m. ,
<br /> NOW, THEREFORE , in consideration of the mutual terms and promises stated herein,
<br /> and other good and valuable consideration, the receipt and sufficiency of which is hereby
<br /> acknowledged, the District and INEOS agree as follows:
<br /> 16 Recitals. The foregoing recitals are true and correct, and incorporated as if fully
<br /> restated herein.
<br /> 2 . Amendment of Section 4 of the First Amendment. The third sentence of
<br /> section 4 of the First Amendment is hereby deleted in its entirety and replaced with the following
<br /> l•eedsiock Agow - ash Amendment 1
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