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2012-206
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Last modified
1/7/2016 10:49:31 AM
Creation date
10/1/2015 4:45:29 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Third Amendment
Approved Date
11/13/2012
Control Number
2012-206
Agenda Item Number
15.B.1
Entity Name
INEOS New Planet BioEnergy
Subject
Feedstock Supply Third Amendment to Agreement
Supplemental fields
SmeadsoftID
11547
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-466- <br /> THIRD AMENDMENT TO <br /> FEEDSTOCK SUPPLY AGREEMENT <br /> THIS THIRD AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT ("Third <br /> Amendment") is entered into as of this 1'3 day of November, 2012 , by and between the Indian <br /> River County Solid Waste Disposal District ("District"), a dependant special district of Indian <br /> River County, Florida ("District"), and INEOS New Planet BioEnergy, LLC ("INEOS "), a <br /> 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") , and 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 <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 the Parties, by this Third <br /> Amendment, desire to extend to April 30 , 2013 ; and <br /> WHEREAS, the first sentence of section 6 of the First Amendment provides that "The <br /> District shall charge and INEOS shall pay a fee (" Scale Fee") of three dollars ($ 3 . 00) for each <br /> out of county vehicle for the first nine months, and three dollars ($ 3 . 00) for each vehicle after <br /> nine months, that uses the scale and delivers Vegetative Waste to the Vegetative Waste <br /> Management Area, " ; and <br /> WHEREAS, the Parties desire to amend the aforesaid language of section 6, as set forth <br /> herein, <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 /> 1 . 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 /> language : "The term of this license shall terminate when INEOS notifies the District in writing <br /> that INEOS ' own Facility and Facility Site are completed and ready to receive and Process <br /> Vegetative Waste, or April 30, 2013 , whichever occurs first, unless the license is terminated <br /> sooner as a result of a Party' s failure to comply with the requirements herein. " <br /> Feedstock Agrmt - 3rd Amendment 1 <br />
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