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EIGHTH AMENDMENT TO
<br /> FEEDSTOCK SUPPLY AGREEMENT
<br /> THIS EIGHTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT
<br /> ("Eighth Amendment") is entered into as of this 22 day of November,2016,by and between the
<br /> Indian River County Solid Waste Disposal District ("District"), a dependant special district of
<br /> Indian River County, Florida ("District"), and INEOS New Planet BioEnergy, LLC ("INEOS"),
<br /> a Delaware limited liability company. (Capitalized terms that are used but not defined in this
<br /> Eighth Amendment shall have the meaning set forth in the Parties' Feedstock Supply Agreement,
<br /> the First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth
<br /> Amendment, Sixth Amendment,and Seventh 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"); by the Sixth Amendment to Feedstock Supply Agreement, dated August 20, 2013
<br /> ("Sixth Amendment"); and by the Seventh Amendment to Feedstock Supply Agreement, dated
<br /> December 17,2013 ("Seventh Amendment");
<br /> WHEREAS, in section 2 of the Seventh Amendment, the District extended the
<br /> temporary license for INEOS to occupy and use the District's Vegetative Waste Management
<br /> Area for storage of various stages of vegetative materials and wood chips for a period of time
<br /> ending,at the latest,on March 31,2014;
<br /> WHEREAS, as a result of excessive vegetative debris generated from Hurricane
<br /> Matthew, the Parties desire to allow the use of the District "Vegetative Waste Management
<br /> Area" for the receipt and management of Vegetative Waste from October 10, 2016 until
<br /> December 31,2016 to allow the INEOS Facility Site to return to normal operations; 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 Seventh Amendment. The following language of
<br /> section 2 of the Seventh Amendment: "The second sentence" is hereby deleted and
<br /> replaced with the following language: "The first sentence"; The following provision
<br /> of section 2 of the Seventh Amendment: "The term of this license shall terminate on
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