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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. Termination of Temporary License and Scale Fee. As of the end of business on <br /> December 31, 2016 the Temporary License to occupy and use the District's VWMA as provided <br /> in Section 4 of the First Amendment, and extended thereafter by Amendments Three, Four, Five, <br /> Six, Seven and Eight, and the $3.00 scale fee as provided in Section 6 of the First Amendment <br /> and thereafter, shall terminate. <br /> 3. "Facility" and "Facility Site." As of January 2, 2017 the terms Facility and <br /> Facility Site, as used in the FSA, shall mean the District's VWMA site at the Landfill. <br /> 4. Processing to Continue on District's VWMA. Beginning on January 2, <br /> 2016 and continuing thereafter until March 31, 2017 the Company shall provide receiving and <br /> Processing of Vegetative Waste only for the sorting, chipping, and/or grinding operations of <br /> Acceptable Waste to create Mulch for the District upon the District's VWMA. The Company <br /> shall provide the Processing via contract with a vendor, to wit, Mr. Mulch, and shall be <br /> responsible for providing all equipment and personnel and applicable insurance requirements for <br /> the Processing operations. District shall continue to pay the "Processing Fee" to Company for <br /> receiving and Processing Vegetative Waste and Company shall pay all costs of the vendor for all <br /> Vegetative Waste delivered to the Facility and Processed by March 31, 2017. <br /> 5. Transition Plan. As soon as reasonably practical after the execution of this <br /> Amendment and prior to December 31, 2016 the Company shall consult with the District and <br /> prepare a transition plan to assure the smooth, safe transition of operations from the Company's <br /> site located at 925 SW 74th Avenue in Vero Beach, Florida (currently the Facility Site) to the <br /> District's VWMA site (the Facility Site as of January 1, 2017) to reasonably inform the residents <br /> of Indian River County, commercial operators and the general public as to the change in <br /> operations and location of the Facility Site. <br /> 6. Definition of Processing. From and beginning as of October 1, 2016 and <br /> continuing through the termination of the FSA the definition of Processing shall include only the <br /> (a) sorting, chipping, and/or grinding of Acceptable Waste that is Vegetative Waste only at the <br /> District's VWMA site to create Mulch for the District, and shall not include the (b) gasification <br /> and fermentation of Acceptable Waste at the Facility for the production of ethanol and <br /> electricity. The Company will also provide for transportation and final disposal of up to 10,000 <br /> tons of material upon District's request during the period beginning January 2, 2017 and ending <br /> March 31, 2017. District agrees to use best efforts to maximize its use and storage of Processed <br /> material and to minimize the amount of Processed material that must be transported and final <br /> disposed of off the Facility site. The Company acknowledges and agrees that the Supplementary <br /> Processing Fee has not been charged since October 1, 2016 and no Supplementary Processing <br /> Fee will be charged from that date through the termination of the agreement. <br /> (' 1, 7—t—l"h,—r ,,Fdo ()urluuAAf--%l A...nA llinnl 1'44-1614,+ 2 <br />