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~i9~ 3 ° ~ ~"-oz o0 <br />~~ <br />STATE OF NORTH CAROLINA <br />THE COUNTY OF ORANGE <br />ADDENDUM TO AGREEMENT FOR <br />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 />Defmitions• <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 />