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TERM 1 NATI ON
<br />OF
<br />FEEDSTOCK SUPPLY AGREEMENT
<br />ANI)
<br />LANDFILL CAS INTERCONNECT AGREEMENT
<br />THIS TERMINATION AGREEMENT ( "Agreement") is made by and
<br />between INEOS New Planet BioEnergy, I,I,C ("Company"), a Delaware limited liability
<br />company, and the Indian River County Solid Waste Disposal District ("District"), a
<br />special district of Indian River County, Florida on this 1 R day of _July , 2017
<br />("Effective Date").
<br />WITNESSETH:
<br />WHEREAS, on July 15, 2011, the Parties entered into the Feedstock Supply
<br />Agreement ("FSA"), which was subsequently amended by the First Amendment to
<br />Feedstock Supply Agreement, dated March 13, 2012 ("First Amendment"), by the
<br />Second Amendment to Feedstock Supply Agreement Concerning Cash Deposit and
<br />Escrow Agreement of Section 7.4, dated April 25, 2012 ("Second Amendment"), by the
<br />'Third Amendment to Feedstock Supply Agreement, dated November 13, 2012 ("Third
<br />Amendment"), by the Fourth Amendment to Feedstock Supply Agreement, dated March
<br />19, 2013 ("Fourth Amendment"), by the Fifth Amendment to Feedstock Supply
<br />Agreement, dated May 21, 2013 ("Fifth Amendment"), by the Sixth Amendment to
<br />Feedstock Supply Agreement, dated August 20, 2013 ("Sixth Amendment"), by the
<br />Seventh Amendment to Feedstock Supply Agreement, dated December 17, 2013
<br />("Seventh Amendment"), and by the Eighth Amendment to Feedstock Supply
<br />Agreement, dated November 22, 2016 ("Eighth Amendment"), and by the Ninth
<br />Amendment to Feedstock Supply Agreement, dated December 20, 2016 ("Ninth
<br />Amendment"); and
<br />WHEREAS, on December 13, 2011, the Parties entered into the Landfill Gas
<br />Interconnect Agreement ("LFGA"), which was subsequently amended by the First
<br />Amendment to Landfill Gas Interconnect Agreement, dated March 13, 2012 ("First
<br />Amendment to LFGA"); and
<br />WHEREAS, ArborOne, ACA ("ArborOne") is the Servicer for certain INEOS
<br />New Planet BioEnergy LLC bonds (the "Bonds"), guaranteed in part by the U.S.
<br />Department of Agriculture; and
<br />WHEREAS, all Conditions Precedent were met and the FSA and LFGA were put
<br />into operation; and
<br />WHEREAS, the Company has determined to cease all operations of its Facility
<br />as defined in the FSA as of December 31, 2016 and the Company and District have
<br />agreed to return yard waste receiving and processing operations to the District as of
<br />
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