2013-094 - Laserfiche WebLink

Home Browse Search

tSee ljeG e FIFTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT THIS FIFTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT ("Fifth Amendment") is entered into as of this ?l._ day of May, 2013 , by and between the Indian River County Solid Waste Disposal District ("District"), a dependant special district of Indian River County, Florida ("District"), and INEOS New Planet BioEnergy, LLC ("INEOS"), a Delaware limited liability company . (Capitalized terms that are used but not defined in this Fifth Amendment shall have the meaning set forth in the Parties ' Feedstock Supply Agreement, the First Amendment, Second Amendment, Third Amendment or the Fourth Amendment, as described below). WITNESSETH : WHEREAS, on July 15 , 2011 , the Parties entered into the Feedstock Supply Agreement ("Feedstock Agreement"), which was subsequently amended by the First Amendment to Feedstock Supply Agreement, dated March 13 , 2012 ("First Amendment"), by the Second Amendment to Feedstock Supply Agreement Concerning Cash Deposit and Escrow Agreement of Section 7 .4, dated April 25 , 2012 ("Second Amendment") , by the Third Amendment to Feedstock Supply Agreement, dated November 13 , 2012 ("Third Amendment") ; and by the Fourth Amendment to Feedstock Supply Agreement, dated March 19, 2013 ("Fourth Amendment"); and WHEREAS , in section 4 of the First Amendment, the District granted to INEOS a temporary license to occupy and use the District' s Vegetative Waste Management Area for a period of time ending, at the latest, on March 13 , 2013 , which date was extended in the Fourth Amendment to May 31 , 2013 , and which date the Parties desire to extend in this Fifth Amendment to August 31 , 2013 for Storage Purposes Only ; and NOW, THEREFORE, in consideration of the mutual terms and promises stated herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the District and INEOS agree as follows : 1 . Recitals . The foregoing recitals are true and correct, and incorporated as if fully restated herein . 2 . Amendment of Section 4 of the First Amendment. The first sentence of section 4 of the First Amendment is hereby deleted in its entirety and replaced with the following language : "The District hereby grants a temporary license to INEOS to occupy and use the District' s Vegetative management Area for storage of various stages of vegetative materials and wood chips. " The third sentence of section 4 of the First Amendment is hereby deleted in its entirety and replaced with the following language : "The term of this license shall terminate on August 31 , 2013 , unless the license is terminated sooner as a result of a Party ' s failure to comply with the requirements herein ." This amendment shall supersede section 2 of the Fourth Amendment . C:Do mennad.VdnVsVmehfaV"dStidngsir pormylmee tFihslOLKlOuedsi"k Agemr - 5th Amndme dx 1 li