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AMENDMENT TO
DISPOSAL CONTRACT
This Amendment to that certain Disposal Contract (this “Amendment”) is made as of this 14 day
of December 2017 (“Effective Date”) by and between Eco-Safe Systems, LLC, a Tennessee limited
liability company (the “Contractor”), and Cumberland Plateau Regional Waste Management Authority,
an authority created under the provisions of the Virginia Water and Sewer Authorities Act (hereinafter
called the “Authority”)…
WITNESSETH:
WHEREAS, the parties entered into that certain Disposal Contract dated August 22, 2013 (the
“Contract”);
WHEREAS, the parties have agreed to renew the Contract and execute and deliver this
Amendment;
WHEREAS, in connection with such renewal of the term of the Contract, the parties wish to
amend the Contract on the terms and conditions as hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual grants and covenants contained herein, and
for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties hereto agree as follows:
Section 1. Defined Terms. All capitalized terms used herein and not otherwise defined herein
shall have the respective meanings ascribed thereto in the Contract,
Section 2. Amendments. This Amendment shall be deemed to be an amendment to the Contract
and shall not be construed in any way as a replacement or substitution therefor. All of the terms and
provisions of this Amendment are hereby incorporated into the Contract as if such terms and provisions
were set forth therein in full. Subject to the foregoing and to the terms hereof, Contractor and Authority
hereby agree that the Contract is hereby amended as follows:
(a) The term of the Contract shall be renewed as of October 27,
2018 for an additional term of five years (the “Renewal Term”).
(b) The rates charged by Contractor and paid by the Authority
during the Renewal Term are as set forth below:
October 27, 2018 ~ October 26, 2019: $17.50 per ton
October 27, 2019 — October 26, 2020: $18.03 per ton
October 27, 2020 - October 26, 2021: $18.57 per ton
October 27, 2021 — October 26, 2022: $19.12 per ton
October 27, 2022 - October 26, 2023: $19.70 per ton
Section 3. Reference to and Effect upon the Existing Contract.
(i) Effectiveness; Recitals. This Amendment shall be effective as of the date set
forth above. Upon the effectiveness of this Amendment, each reference in the Contract to “this
Agreement”, this “Contract”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference
to the Contract in any other related document shall mean and be a reference to the Contract as amended
hereby. The parties agree that the “whereas” recitals set forth above are true and correct and are hereby
incorporated into this Amendment by reference.
(ii) Authority. Each party represents and warrants to the other party that (i) this
‘Amendment has been duly and validly authorized, executed and delivered by it, and is a valid and binding
‘agreement enforceable against it accordance with its terms; (ji) the persons executing this Amendment on
behalf of the applicable party has been authorized and empowered to do so; (iii) each party has full power
and authority to enter into and perform this Amendment in accordance with its terms. The parties
acknowledge and agree that this Amendment shall inure to the benefit of and be enforceable by the parties
hereto.
(iii) Ratification and Confirmation Generally. Except as specifically amended above,
the Contract shall remain in full force and effect and all of its respective terms and conditions are hereby
ratified and confirmed.
Section 4. Governing Law. This Amendment shall be governed by and construed in
‘accordance with the laws of the Commonwealth of Virginia.
Section S. Counterparts. This Amendment may be executed in any number of separate
counterparts, each of which when so executed and delivered shall be deemed to be an original and all of
which taken together shall constitute one and the same instrument.
Section 6. Headings. Section headings in this Amendment are included herein for
convenience of reference only and shall not constitute a part of this Amendment for any other purpose.
Section 7. Successors and Assigns. This Amendment shall be binding upon the Contractor
and the Authority and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by
their duly authorized representatives as of the date first above written,
ECO-SAFE SYSTEMS, LLC
ZaA
By:
CUMBERLAND PLATEAU REGIONAL WASTE
MANAGEMENT AUTHORITY
Its,