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AMENDMENT TO
SOLID WASTE TRANSPORTATION AGREEMENT
This Amendment to that certain Solid Waste Transportation Agreement (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 (hereinafter “Advanced Disposal”), 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 Solid Waste Transportation Agreement dated
‘Axugust 22, 2013 (the “Agreement”);
WHEREAS, the parties have agreed to renew the Agreement and execute and deliver this
Amendment;
WHEREAS, in connection with such renewal of the term of the Agreement, the parties wish to
amend the Agreement 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 Agreement.
Section 2. Amendments, This Amendment shall be deemed to be an amendment to the
Agreement and shall not be construed in any way as 1 replacement or substitution therefor. All of the
terms and provisions of this Amendment are hereby incorporated into the Agreement as if such terms and
provisions were set forth therein in full. Subject to the foregoing and to the terms hereof, Advanced
Disposal and the Authority hereby agres that the Agreement is hereby amended as follows:
(a) The term of the Agreement shall be renewed as of October 27,
2018 for an additional term of five years.
(b) The rates charged by Advanced Disposal and paid by the
Authority during the Renewal Term are as set forth below:
(Rate § Per Ton):
Ts Year Year? Years Year? Year 10
Buchanan $17.50 x $18.57 $19.12 $19.70
Dickenson $17.31 $18.36 $18.91 $19.48
Russell $15.67 $16.62 $17.12 $17.64
(©) As of the Effective Date of this Amendment the Fuel Surcharge
as set forth in Exhibit A of the Agreement shall be amended in
ppart to reduce the base rate of $3.836 per gallon to $3.13 per
gallon and to eliminate any fuel credit adjustment.
(@) As of the Effective Date of this Amendment Exhibit B of the
Agreement shall be amended consistent with the amendments set
(©) As of the Effective Date of this Amendment the Fuel Surcharge
shall be recalculated for each billing period, based on the
average national on-highway diesel prices during the applicable
period for the Midwest (PADD2) region as published by the
United States Energy Information Administration available at:
cll i f i
Section 3. Reference to and Effect upon the Existing Agreement.
(i) Effectiveness: Recitals. This Amendment shall be effective as of the date set
forth above. Upon the effectiveness of this each reference in the Agreement to “this
Agrsement”, this “Contract”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference
amended hereby. The partics agree that the “whereas” recitals set forth above are true and correct and are
hereby incorporated into this Amendment by reference.
(i) 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 isa valid and binding
Agreement enforceable against it accordance with its terms; (i) the persons executing this Amendment on
behalf ofthe applicable party has been authorized and empowered to do S0; (i) each party has full power
and authority to enter into and perform this Amendment in accordance with its terms. The partes
Helaiowledge and agree that this Amendment shall inure to the benefit of and be enforceable by the parties
hereto.
Ratification and Confirmation Generally. Except as specifically amended above,
the Agreement shall remain in full force and effect and all of its respective terms and conditions arc
hereby ratified and confirmed.
Section4. Governing Law. This Amendment shall be governed by and construed in
‘accordance with the laws of the State of Virginia.
Section 5. 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. Headings. Section headings in this Amendment are included herein for
convenience of reference only and shell not constitute @ part of this Amendment for any other purpose.
Section 7. Suceessors_and Assigns. This Amendment shall be binding upon Advanced
Disposal and the Authority and their respective successors and assigns.
JN WITNESS WHEREOF, the parties herto have caused thi Amendment to be executed by
Topresentatives as of the date first above written.
ECO-SAFE SYSTEMS, LLC
ot Justin Rodda
RVP: Guy Thompson
AMENDMENT TO
SOLID WASTE TRANSPORTATION AGREEMENT
‘This Amendment to that certain Solid Waste Transportation Agreement (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 (hereinafter “Advanced Disposal”), 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 Solid Waste Transportation Agreement dated
August 22, 2013 (the “Agreement”);
WHEREAS, the parties have agreed to renew the Agreement and execute and deliver this
Amendment;
WHEREAS, in connection with such renewal of the term of the Agreement, the parties wish to
amend the Agreement 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 Agreement.
Section 2. Amendments. This Amendment shall be deemed to be an amendment to the
Agreement 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 Agreement as if such terms and
provisions were set forth therein in full. Subject to the foregoing and to the terms hereof, Advanced
Disposal and the Authority hereby agree that the Agreement is hereby amended as follows:
(a) The term of the Agreement shall be renewed as of October 27,
2018 for an additional term of five years.
(b) The rates charged by Advanced Disposal and paid by the
Authority during the Renewal Term are as set forth below:
(Rate $ Per Ton):
TS Year 6 Ye Year & Year9 Year 10
Buchanan $17.50 $18.03 $18.57 $19.12 $19.70
Dickenson $17.31 $17.83 $18.36 $18.91 $19.48
Russell $15.67 $16.14 $16.62 Si7.12 $17.64
(©) As of the Effective Date of this Amendment the Fuel Surcharge
as set forth in Exhibit A of the Agreement shall be amended in
part to reduce the base rate of $3.836 per gallon to $3.13 per
gallon and to eliminate any fuel credit adjustment.
(@) As of the Effective Date of this Amendment Exhibit B of the
‘Agreement shall be amended consistent with the amendments set
forth in © above.
(e) As of the Effective Date of this Amendment the Fuel Surcharge
shall be recalculated for each billing period, based on the
average national on-highway diesel prices during the applicable
period for the Midwest (PADD2) region as published by the
United States Energy Information Administration available at:
hutp:/www.eia.gow/petroleunvgasdiesel,
Section 3. Reference to and Effect upon the Existing Agreement.
(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 Agreement to “this
Agreement”, this “Contract”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference
to the Agreement in any other related document shall mean and be a reference to the Agreement 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; (ii) 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 Agreement 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 State of Virginia.
Section 5. _ 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,
Section6. 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 Advanced
Disposal 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
By:
Its
CUMBERLAND PLATEAU REGIONAL. WASTE
MANAGEMENT AUTHORITY
By: a
Its
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