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under the Agreement to Tropical with Tropical being paid a Processor's Fee of$88.00/ton and a <br /> revenue share of 75.1% for Single Stream recycling under the extended initial term; and <br /> NOW,THEREFORE,in consideration of the mutual undertakings herein,and other good <br /> and valuable consideration, the parties agree as follows: <br /> Section 1. Recitals. The above recitals are true and correct and are incorporated herein. <br /> Section 2. Assignment. Effective immediately, but commencing on October 1, 2015, <br /> pursuant to Section 9.8 of the Agreement, SWDD and ReCommunity mutually agree to expressly <br /> consent to the assignment of this Agreement to Tropical. <br /> Section 3. Single Stream Recycling. Notwithstanding any other provision in the <br /> Agreement,Tropical shall be able to accept and process SWDD Single Stream recycling beginning <br /> October 1, 2015. <br /> Section 4. Agreement Term. Article II is hereby amended as follows: <br /> Except as otherwise provided for herein, the obligations of the Parties shall take effect on <br /> the Effective Date and Processor shall commence accepting Recyclable Materials for <br /> transportation, processing and marketing in accordance with this Agreement on the <br /> Commencement Date. The extended initial term of this Agreement (the "Term") shall terminate <br /> five (5) eight 8 years from the Commencement Date. The District and Processor, by written <br /> mutual agreement,may extend the Term for an additional five(5)two 2 year term. Any written <br /> agreement to extend the Term shall be made not less than 180 days prior to the expiration of the <br /> then current Term. Nothing herein shall create a legal right in either party to renew or extend the <br /> Term for an additional five(5)two 2 year term. <br /> Section 5. County MRF Operations. Section 3.3 of the Agreement is hereby amended <br /> in part to delete the following sentence, "SWDD and the Processor shall share equally in the costs <br /> of these improvements." <br /> Section 6. Program Recyclables Revenue - Generally. Section 5.1(d) and Section <br /> 5.3(c)(iv) of the Agreement is hereby amended as follows: <br /> roam; Underlining denotes addition to existing text. Page 2 of S <br /> 226 <br />