2012-050 - Laserfiche WebLink

Home Browse Search

FIRST AMENDMENT TO aD LANDFILL GAS INTERCONNECT AGREEMENT BETWEEN INEOS NEW PLANET BIOENERGY , LLC AND INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT This First Amendment To Landfill Gas Interconnect Agreement (" First Amendment") dated December 13 , 2011 ("Landfill Gas Interconnect Agreement") , by and between Indian River County Solid Waste Disposal District , a dependent special district of Indian River County , Florida ("District" ) and INEOS New Planet BioEnergy LLC (" Company") , is made, entered into and effective as of this March 13 , 2012 (the "First Amendment Effective Date") . (Capitalized terms that are used but not defined in this First Amendment shall have the meaning set forth in the Parties ' Feedstock Agreement or Landfill Gas Interconnect Agreement, which are described below) . WHEREAS , Company and District entered into a Feedstock Supply Agreement (" FS Agreement") that requires the District to sell and the Company to purchase the Landfill Gas ("LFG") collected by the District' s LFG Assets ; and WHEREAS , Company and District subsequently entered into a Landfill Gas Interconnect Agreement, which is an exhibit to and a part of the FS Agreement; and WHEREAS , Company and District wish to amend the Landfill Gas Interconnect Agreement ; and NOW THEREFORE , the Parties , in consideration of these premises and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, agree as follows : Amendment L Parties agree to delete section 7 . 3 (b) of the Landfill Gas Interconnect Agreement in its entirety and replace it with the following : " (b) It is the desire and intent of the Parties that the Company shall actively attempt to market and sell all of the District Project Credits and Company Project Credits on behalf of the Parties . It is anticipated that the Company shall use the services of a third party (the "Marketer") to market and sell the Project Credits . Any agreement signed by the Company and Marketer shall , to the greatest extent possible , treat the Company and District equally and fairly . To the extent that any acts or omissions of the Company or the District , or both, result in liability to the Marketer, the Company and the District shall each be responsible for that portion of the liability caused by its own acts or omissions . If the liability does not arise out of the acts or omissions of either Party , then the liability shall be shared on a pro rata basis , apportioned according to the anticipated profits as agreed upon by the Parties in this Agreement . " 1 LFG Interconnect Agrmnt - I st Amdmt (2)