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3 <br />STATE OF NORTH CAROLINA ADDENDUM TO AGREEMENT FOR LSC <br />ENVIRONMENTAL PRODUCTS, LLC <br />ORANGE COUNTY <br />Addendum to that certain Agreement effective February 1, 2010 between Orange County, on behalf <br />of its Department of Solid Waste Management, herein referred to as "Lessee", and LSC <br />Environmental Products, LLC, herein referred to as "Lessor" for services during the continued <br />operation of the Orange County Landfill, herein referred to as "landfill." <br />In consideration of the mutual promises and conditions set forth herein, the Lessee and Lessor agree <br />to amend the Agreement as follows: <br />Terms of Agreement: <br />The Agreement shall be amended as provided in Attachment A, attached hereto and incorporated <br />herein. Additionally the following Sections in Attachment A are amended as provided herein: <br />Lessor <br />Company name is hereby noted as LSC Environmental Products, LLC, (formerly Landfill Service <br />Corporation). <br />Standard Conditions <br />2.8 Limited Warrantv. Lessor warrants from manufacturers defects the parts described; diesel <br />power unit (not including component parts), hydraulic pumps & motors, axles & springs, <br />throttle and pump control levers, progressing cavity pump, hydraulic oil cooler and fan for <br />the period of this Agreement, including any extensions thereof, and upon receipt by the <br />Lessor of the malfunctioning part subject to warranty, the Lessor shall, within 24 hours, if <br />possible, ship to the Lessee the warranted part properly repaired or, in the alternative, a new <br />part at the sole cost of the Lessor. The Lessee shall be responsible for all labor associated <br />with the removal and replacement of the defective part. Service provided by the Lessor shall <br />be invoiced at $85.00/hour for travel and labor. The Lessor makes no warranties, either <br />express or implied, as to any matter whatsoever, other than those warranties included herein, <br />including, without limitation, the condition of the Application Equipment, its merchantability <br />or its fitness for any particulaz purposes provided, however, the Lessor does warrant that the <br />Application Equipment is suitable for the application of the Licensed Products in the <br />Territory. <br />2.11 Insurance. To the extent permitted by North Carolina law, Lessee shall keep the Application <br />Equipment insured against all risks of loss or damage from every cause whatsoever for not <br />less than the full replacement value (as specified in 2.9 above) and shall carry public liability <br />and property damage insurance covering operation of the Application Equipment. The Lessee <br />shall name the Lessor as loss payee on any policy covering the Application Equipment as <br />specified in 2.9 (c) above and also the Lessor shall be named as additional insured under any <br />Comprehensive General Liability policy covering the operation of the Application <br />Equipment. <br />2.13 To the extent permitted by North Cazolina law, The Lessee shall indemnify the Lessor <br />against and hold the Lessor harmless from any and all claims, actions, suits, proceedings, <br />costs, expenses, damages and liabilities, including reasonable attorney's fees, arising out of or <br />connected with or resulting from the possession, use, operation or return of the Application <br />