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RECYCLABLES TRANSFER, PROCESSING, & MARKETING
<br /> SERVICES AGREEMENT
<br /> This RECYCLABLES TRANSFER, PROCESSING, & MARKETING SERVICES AGREEMENT
<br /> ( "Agreement" ) is entered into this day of , 2012 ( " Effective Date " ) between the
<br /> INDIAN RIVER SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River
<br /> County, Florida , whose address is c/o Department of Utility Services, 1801 27th Street, Vero
<br /> Beach , Florida 32960 ( hereinafter referred to as the " District" or "SWDD" ) , and RESOURCE
<br /> RECOVERY SYSTEMS, LLC, d/ b/a ReCommunity, whose address is 809 West Hill Street,
<br /> Charlotte , NC 28208 ( hereinafter referred to as the " Processor, " with the District and Processor
<br /> individually a " Party" and collectively the " Parties" ) .
<br /> WITNESSETH :
<br /> WHEREAS, the District issued a Request for Proposals, RFP #2012023 , on December 2 ,
<br /> 2011 and subsequently selected the Processor to provide recyclables transfer, processing and
<br /> marketing services ( the "Services" ) ; and
<br /> WHEREAS, the Processor has reviewed the services required pursuant to this
<br /> Agreement and is qualified , willing and able to provide and perform all such services in
<br /> accordance with the terms herein , and
<br /> WHEREAS, the District desires to enter into this Agreement on such terms and
<br /> conditions as are set forth herein ;
<br /> WHEREAS, the Parties wish hereunder to provide for their respective rights and
<br /> obligations with respect to the Services;
<br /> NOW, THEREFORE, in consideration of these premises, and other good and valuable
<br /> consideration , the receipt and sufficiency of which are hereby acknowledged, the Parties
<br /> hereto, intending to be legally bound , covenant and agree to as follows :
<br /> ARTICLE I . DEFINITIONS
<br /> As used in this Agreement, the following terms shall have the meanings set forth below :
<br /> Agreement or Contract — This agreement between SWDD and the Processor, including
<br /> the schedules, attachments and any written amendments .
<br /> Applicable Law — means any act, statute, law, regulation , permit, license, ordinance,
<br /> rule, judgment, order, decree, directive, guideline or policy ( to the extent mandatory ) or any
<br /> similar form of decision or determination by, or any interpretation or administration of, any of
<br /> the foregoing by any governmental authority with jurisdiction over the Facilities, the
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