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SWDD. The SWDD will have the option to determine when to apply the credit and the procedure for doing so to return the proceeds of the credit to the community. a Waste Management will provide a $25,000 donation to the United Way of Indian River County within 6 months (such specific time at the discretion of Waste Management Inc. of Florida). As we know from our meeting this gesture originated and was offered by WMIF for the benefit of the community and as a demonstration of our ongoing goodwill. The County and SWDD will forego and waive any liquidated damages/administrative charges for the month of October 2015. Waste Management agrees to waive the time requirement for notice of liquidated damages/administrative charges for the month of November 2015. In addition, the County will allow Waste Management to commence its cart exchange program in December 2015 instead of waiting to begin same after January 1. Given the Targe number of anticipated exchanges, cart exchanges will not be required to be completed in the prescribed calendar day time frame within the Franchise agreement from the time Waste Management receives notice of the need for the exchange. Waste Management will use its best commercial efforts to complete a customer's cart exchange within ten (10) calendar days after receipt of notice. The County and SWDD will grant reasonable extensions of time should large numbers of exchanges be requested or other circumstances reasonably require same. This variance shall continue for the period January 1, 2016 through March 31, 2016. The variance only applies to cart exchanges and does not apply to repair or replacement of broken carts which shall remain at three (3) business days after the receipt of notice. In addition, the County has gracefully agreed to allow publk educational announcements produced by Waste Management at Its expense to run on the County's television channel. The County will have the right of approval for these announcements. We believe that the video productions are important to keep the residents updated on the services provided, schedules, subscription requirements and cart exchanges. We believe this Letter of Understanding covers the matters discussed in our meeting. If the same Is acceptable, kindly indicate your agreement by executing thls letter and returning a copy to me, We understand that your agreement will be subject to approval of the County Commission and that the Commission will consider this item on November 17. If you have any questions, please contact me. Accepted and agreed. Sin ty, TIM '_ ' H NS .eee.ide •.• p• ��•1C .,. se:m .,......... Bob Solari, Chairman t <v DATED: December 1, 2015 ATTEST: Jeffrey R. Smith, Clerk of Court and oller BY: Leona Allen, Deputy Clerk APrIOVE1 AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY