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3 <br />STATE OF NORTH CAROLINA <br />THE COUNTY OF ORANGE <br />ADDENDUM TO HOUSEHOLD HAZARDOUS <br />WASTE DISPOSAL AGREEI~~IENT <br />Addendum to that certain Agreement effective June 4, 2002, acid then amended on July 1, 2005, <br />between The County of Orange, on behalf of its Department of Solid Waste Management, <br />(hereinafter "County"), and ECOFLO, Inc., a Maryland Corporation, (hereinafter "Contractor") <br />for the provision of Household Hazardous Waste and Conditionally Exempt Small Quantity <br />Generator Waste Collection and Disposal Services. <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 />Term of Agreement: <br />Section 1 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 July 1, 2007, through June 30, 2009 (hereafter referred to as initial term) <br />assuming that funds are appropriated annually and the performance of the contractor is <br />satisfactory. The level of performance expected is defined in this addendum and the associated <br />Agreement. <br />Assuming that neither County nor the Contractor desire to alter the material terms of the <br />Agreement, and the continuation of this Agreement beyond the initial term is desired by both <br />County and the Contractor, this Agreement may be extended for an additional renewal term of <br />two years, or from July 1, 2009 through June 30, 2011. Terms contained herein that have no <br />consequence on the overall outcome or cost of the Agreement may be amended during the course <br />of this initial or any subsequent renewal term through negotiation between the Contractor and <br />County. If substantive changes to terms are desired, an amendment to this agreement may be <br />executed or a new contract may be signed. <br />Compensation and Payment: <br />Section 3.b) of the Agreement is amended as follows: <br />Disposal Supply and Transportation: All disposal, supply, and transportation charges <br />associated with management of Household Hazardous Waste and Conditionally Exempt Small <br />Quantity Generator Waste received during the regular operational hours of the multi-day per <br />week HHW program (see Section 4, subsection b) will be covered by a fixed price of $0.60 per <br />pound of HHW and CESQG waste. The billed weight will be determined as the waste is <br />received at Contractor's facility, and shall exclude the weight of materials diverted to Reuse and <br />Other Diversionary programs (as described in Section 4, subsection e), shall exclude the weight <br />of the drums, boxes, or other packaging material used by Contractor to hold the waste during <br />storage and shipment of the waste, and shall whenever practical exclude the weight of containers <br />used by citizens and businesses to deliver the HHW to the facility. Specifically, cardboard <br />