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portion of the industry for compost facilities as reasonably applied to the project during the relevant time period. Unacceptable Material: means materials that are not Yard Waste as defined herein. Yard Waste: means yard waste, landscape debris and land clearing debris, vegetative matter from commercial and residential landscaping maintenance and includes branches, shrubs, trimmings, grass clippings, palm fronds, Christmas trees, stumps, and trees. 1.2 SPECIFIC CONDITIONS A. Owner is contracting for the processing and recycling of Yard Waste at the Yard Waste facility located at 1325 74th Ave SW, Vero Beach, FL 32968 ("Yard Waste Facility"). The Contractor shall limit the processing activity within the designated area (as shown in Exhibit B), which is not an engineered drawing and is subject to change upon PE and state regulator evaluation. B. Contractor must be able to process a minimum of 75,000 tons of Yard Waste material per year. The Contractor must also be able to accommodate any increase in tonnages per year for the duration of the Agreement. Contractor must be aware that tonnage numbers change due to seasonal fluctuations. However, Owner makes no guarantee as to any quantity or quality of Yard Waste to be provided. Owner's failure to provide any quantity of Yard Waste shall not be a violation of the Agreement by Owner. In consideration of the time, effort and expense to be undertaken by Contractor in its performance of this Agreement, Owner agrees that, except as otherwise expressly provided in Sub -Article 1(L), during the Term of this Agreement: (i) Contractor shall be Owner's exclusive provider for Yard Waste processing and recycling services; and (ii) Owner shall not, directly or indirectly solicit, negotiate, or enter into any agreement with any person other than Contractor for such services or for any other services to be provided by Contractor to Owner hereunder. C. The Contractor shall ensure that all Yard Waste is free of plastic bags, metal, garbage, etc. before it is turned into mulch. The diameter and length of materials varies greatly. The majority of the incoming material is covered by the Owner landfill assessment, i.e., no tipping fee. However, anything over 3 inches in diameter is considered chargeable material by Owner, therefore, the Contractor must inspect each load and, if applicable, report as chargeable load to the Owner's Scalehouse to apply appropriate charges. The Contractor must have dedicated spotter(s) while the Yard Waste Facility is in operations to ensure that inspections are being performed. Contractor reserves the right to reject any incoming loads if the volume of such load is comprised of 3% or more of any material other than Yard Waste ("Unacceptable Material") as determined in Contractor's sole discretion. The Contractor shall follow Yard Waste Facility Operations requirements in Sub -Article 1.3, B. D. The Contractor will process (includes vehicle receiving/traffic control services, load inspections, grinding, screening and loading) all incoming Yard Waste into mulch and recycle all material designated by Owner to maximize recycling credits to Indian River County. Specifically, the Contractor must be able to process a minimum of 40,000 tons of mulch per year into compost using the Extended Aerated Static Pile System. The Contractor is responsible for the transportation of the mulch from the Owner Yard Waste Facility to the Compost Facility that is Page 2 of 22