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NINTH AMENDMENT TO
<br /> FEEDSTOCK SUPPLY AGREEMENT
<br /> THIS NINTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT ("Ninth
<br /> Amendment") is entered into as of this 2o day of December, 2016, by and between the Indian
<br /> River County Solid Waste Disposal District ("District"), a dependent special district of Indian
<br /> River County, Florida ("District"), and INEOS New Planet BioEnergy, LLC ("INEOS"), a
<br /> Delaware limited liability company. (Capitalized terms that are used but not defined in this
<br /> Ninth 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, Seventh Amendment, and Eighth Amendment as described
<br /> below).
<br /> WITNESSETH:
<br /> WHEREAS, on July 15, 2011, the Parties entered into the Feedstock Supply Agreement
<br /> ("FSA"), which was subsequently amended by the First Amendment to Feedstock Supply
<br /> Agreement, dated March 13, 2012 ("First Amendment"), by the Second Amendment to
<br /> Feedstock Supply Agreement Concerning Cash Deposit and Escrow Agreement of Section 7.4,
<br /> dated April 25, 2012 ("Second Amendment"), by the Third Amendment to Feedstock Supply
<br /> Agreement, dated November 13, 2012 ("Third Amendment"), by the Fourth Amendment to
<br /> Feedstock Supply Agreement, dated March 19, 2013 ("Fourth Amendment"), by the Fifth
<br /> Amendment to Feedstock Supply Agreement, dated May 21, 2013 ("Fifth Amendment"), by the
<br /> Sixth Amendment to Feedstock Supply Agreement, dated August 20, 2013 (`Sixth
<br /> Amendment"), by the Seventh Amendment to Feedstock Supply Agreement, dated December 17,
<br /> 2013 (`Seventh Amendment"), and by the Eighth Amendment to Feedstock Supply Agreement,
<br /> dated November 22, 2016 (`Eighth Amendment"),
<br /> WHEREAS, in the First Amendment the District granted the Company a temporary
<br /> license to occupy and use the District's Vegetative Waste Management Area ("VWMA") as
<br /> depicted on Exhibit "A" thereto, and attached hereto, for the receipt and management of
<br /> Vegetative Waste for a term beginning on March 13, 2012 for one year unless sooner terminated;
<br /> and
<br /> WHEREAS, in subsequent Amendments 3, 4, 5, 6, 7 & 8 the provisions extended the
<br /> term of the temporary license for Company to occupy and use the District's VWMA for storage
<br /> of various stages of vegetative materials and wood chips for a period of time ending, at the latest,
<br /> on December 31, 2016;
<br /> WHEREAS, the Company has determined to cease operations of its Facility and the
<br /> Company and District have agreed to wind down and then terminate the FSA; and
<br /> WHEREAS, the receiving and Processing of Vegetative Waste for the sorting, chipping,
<br /> and/or grinding operations of Acceptable Waste at the Facility to create Mulch for the District by
<br /> the Company shall revert to the District's VWMA site at the Landfill on January 2, 2017.
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