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SEVENTH AMENDMENT TO
<br /> FEEDSTOCK SUPPLY AGREEMENT
<br /> THIS SEVENTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT
<br /> ("Seventh Amendment") is entered into as of this _ day of December, 2013, by and between
<br /> the Indian River County Solid Waste Disposal District ("District"), a dependant special district
<br /> of Indian River County, Florida ("District"), and INEOS New Planet BioEnergy, LLC
<br /> ("INEOS"), a Delaware limited liability company. (Capitalized terms that are used but not
<br /> defined in this Seventh Amendment shall have the meaning set forth in the Parties' Feedstock
<br /> Supply Agreement, the First Amendment, Second Amendment, Third Amendment, Fourth
<br /> Amendment,Fifth Amendment or the Sixth 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"), 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"), by the Third Amendment to
<br /> Feedstock Supply Agreement, dated November 13, 2012 ("Third Amendment"), by the Fourth
<br /> Amendment to Feedstock Supply Agreement, dated March 19, 2013 ("Fourth Amendment"), by
<br /> the Fifth Amendment to Feedstock Supply Agreement, dated May 21, 2013 ("Fifth
<br /> Amendment"); and by the Sixth Amendment to Feedstock Supply Agreement, dated August 20,
<br /> 2013 ("Sixth Amendment"); and
<br /> WHEREAS, in section 2 of the Sixth Amendment, the District granted to INEOS a
<br /> temporary license to occupy and use the District's Vegetative Waste Management Area for
<br /> storage of various stages of vegetative materials and wood chips for a period of time ending, at
<br /> the latest, on December 31, 2013, and which date the Parties desire to extend in this Seventh
<br /> Amendment to March 31,2014 for Storage Purposes Only; and
<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 2 of the Sixth Amendment. The second sentence of
<br /> section 2 of the Sixth Amendment is hereby deleted in its entirety and replaced with the
<br /> following language: "The term of this license shall terminate on March 31, 2014, unless the
<br /> license is terminated sooner as a result of a Party's failure to comply with the requirements
<br /> herein or if the parties mutually agree to terminate before the end of the term."
<br /> 3. Other Provisions. Except as amended herein and in the First Amendment,
<br /> _Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment and Sixth
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<br /> "*yr.
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