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2 <br /> STATE OF NORTH CAROLINA ADDENDUM TO AGREEMENT FOR <br /> THE COUNTY OF ORANGE URBAN CURBSIDE RECYCLABLE <br /> MATERIALS COLLECTION SERVICES <br /> Addendum to that certain Agreement effective October 1, 2005 between The County of Orange, <br /> on behalf of its Department of Solid Waste Management, (hereinafter "County"), and Waste <br /> Industries, LLC of Durham, North Carolina (hereinafter "Contractor") for the provision of <br /> residential curbside recycling collection services to single family residents, and adjacent small <br /> businesses, schools, churches, and pedestrian recycling stations within residential areas, located <br /> within the Town limits of Carrboro, Chapel Hill and Hillsborough,NC. <br /> In consideration of the mutual promises and conditions set forth herein, the County and <br /> Contractor agree to amend the Agreement as follows: <br /> Definitions: <br /> Definitions of specific terms referred to throughout this Agreement shall be amended as follows: <br /> Fiber: the subset of Recyclable Materials including newspapers and their inserts,glossy magazines, <br /> and phonebooks, Old Corrugated Cardboard(OCC),and Mixed Paper(OMP). <br /> Recyclable Materials: (also to be known as"recyclables")All newspapers and their inserts,glossy <br /> magazines,phonebooks, corrugated cardboard,mixed paper,glass bottles and jars, aluminum <br /> beverage cans,steel food cans,aluminum foil,aluminum trays,plastic bottles#1,#2,#3,#4,#5,#6, <br /> and#7, empty aerosol cans,and other agreed on materials that are the subject of this Contract. <br /> Term of Agreement: <br /> Section 2 of the Agreement is amended as follows: <br /> The renewal term of the Agreement will be for two (2) years unless otherwise agreed by the <br /> parties: the period from April 1, 2009, through March 31, 2011 (hereafter referred to as initial <br /> term) assuming that funds are appropriated annually and the performance of Contractor is <br /> satisfactory. The level of performance expected is defined in this Addendum and the associated <br /> Agreement. <br /> This Contract may be extended and/or expanded following the initial term for a period of two (2) <br /> additional years assuming that the Urban Curbside Recycling Program is successful, that County <br /> approves continuing the program, and that funding is approved annually through the approval of the <br /> overall Department of Solid Waste Management budget. <br /> Terms of this Contract may change if the change is agreed to by Contractor and County. <br /> Contractor has no rights and will acquire no rights to notice or in the County Urban Recycling <br /> Program or in recyclables (as defined in this Contract) beyond those contained in this Contract. <br /> Termination of this Contract resulting from default by Contractor or non renewal at the expiration of <br /> its term or any extension terminates all rights of Contractor with respect to the collection of <br />