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7"/`//S <br />/5 09.2 <br />2 o/r- /i/ <br />FIRST AMENDMENT TO AND ASSIGNMENT OF <br />RECYCLABLES TRANSFER, PROCESSING & MARKETING SERVICES <br />AGREEMENT AND ESTOPPEL <br />THIS FIRST AMENDMENT TO AND ASSIGNMENT OF ("Amendment") to <br />Agreement for Recyclables Transfer, Processing & Marketing Services Agreement (the <br />"Agreement") AND ESTOPPEL, is trade and entered into as of this _ day of July, 2015, by and <br />between the Indian River Solid Waste Disposal District, a dependent special district of Indian <br />River County, Florida, whose address is c/o Department of Utility Services, 1801 27th Street, Vero <br />Beach, FL (hereinafter "SWDD"), Resource Recovery Systems, LLC, d/b/a ReCommunity, 809 <br />West Hill Street, Charlotte, NC, 28208 (hereinafter "ReCommunity") and Tropical Exchange <br />Corp., a Florida Corporation, d/b/a Tropical Recycling, 2625 Electronics Way, West Palm Beach, <br />FL, 33407 (hereinafter "Tropical" or the "Processor"). <br />WHEREAS, on August 21, 2012, SWDD and ReCommunity entered into the Agreement; <br />and <br />WHEREAS, pursuant to Section 9.8 of the Agreement, ReCommunity may assign the <br />Agreement with the prior express written consent of SWDD; and <br />WHEREAS, under Section 5.3 of the Agreement, SWDD could convert from Dual Stream <br />recycling to Single Stream recycling with a Processor's Fee of $78.00/ton; and <br />WHEREAS, ReCommunity has provided notice to SWDD that it is unable or unwilling <br />to convert to Single Stream recycling; and <br />WHEREAS, Tropical has offered SWDD to provide Single Stream recycling services <br />under the Agreement beginning October 1, 2015; and <br />WHEREAS, in order to provide SWDD with a smooth transition from Dual Stream <br />recycling to Single Stream recycling, SWDD, ReCommunity and Tropical agree that <br />ReCommunity be authorized to assign the Agreement and all of the rights and responsibilities <br />contra; Underlining denotes addition to existing text. <br />Page 1 of 5 <br />