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to St. Lucie's Facility. At its option Indian River also may deliver segregated Loads <br />of Palm Bay's Recyclable Materials to St. Lucie's Facility. In all such cases Indian <br />River and St. Lucie shall accept, process and otherwise manage such materials <br />in compliance with the terms and conditions in Sections 1 through 16 of this <br />Agreement. However, notwithstanding anything else contained in this Agreement: <br />(a) Indian River shall pay a fee of $45.00 to St. Lucie for each ton of Palm <br />Bay's Recyclable Materials that is delivered to and processed at St Lucie's <br />Facility; and <br />(b) for the purposes of calculating the fee owed pursuant to Section 17(a) <br />above, the weight of Palm Bav's Recyclable Materials shall be deemed to <br />be the weight measured or estimated by Indian River when Palm Bay or its <br />agent (currently Republic Services) delivers Palm Bay's Recyclable <br />Materials to Indian River's Recycling Transfer Facility. <br />Section 2. Continuing Effect of Agreement. <br />All of the terms and conditions in the Agreement shall remain in full force <br />and effect, except as expressly modified by this Amendment. <br />Section 3. Filing with Clerk of the Circuit Court. <br />Pursuant to Section 163.01 (11), Florida Statutes, this Amendment and all subsequent <br />amendments shall be filed with the Clerk of the Circuit Court of St. Lucie County and with <br />the Clerk of the Circuit Court of Indian River County. This Amendment and subsequent <br />amendments shall not become effective until they are filed with both clerks. Each Party <br />shall be responsible for the cost of recording such documents with their respective Clerk. <br />Page 2 of 4 <br />s:\ATTY\AGREEMNT\INTERLOC\Indian River County Recycling Services —1A <br />