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In consideration of the Town approving the Designated Disposal Sites pursuant to <br />Article 1.18, Franchisee will remit $25,000 to the Town on December 1, 2024 and <br />each subsequent December I thereafter, prorated for any partial year at the end of <br />the contract. Franchise Fees will be due on any revenues received from the <br />performance of this Agreement following the termination of this Agreement. <br />d. Amendment to Exhibit I- Section 5 <br />Where feasible, Residue from Mixed Compostable Materials, Recyclable Materials <br />and Yard Trimmings collected by Franchisee from Service Recipients that is <br />Processed at the Franchisee's GreenWaste MRF and Zanker Road Resource <br />Management, LLC's GreenWaste Z -Best Composting Facility will be transported to <br />a Designated Disposal Site. Now -by lsla,a Landfill f disposal Offough the to,.,Y, „r <br />the Town's Disposal Agr-eefnent with New -by. <br />General Provisions. <br />a. Except as modified hereby, the terms and provisions of the Franchise Agreement shall <br />remain unmodified and in full force and effect. <br />b. Capitalized terms not otherwise defined herein shall have the same meaning as set <br />forth in the Franchise Agreement. <br />c. In case of any conflict between any term or provision of this Amendment and any term <br />of provision of the Franchise Agreement, the term or provision of this Amendment <br />shall govern. <br />d. This Amendment contains the entire agreement and understanding between the Parties <br />with respect to the subject matter of this Amendment and supersedes any and all prior <br />or contemporaneous oral and written representations, warranties, agreements, and <br />understandings between the Parties concerning the subject matter of this Amendment. <br />e. This Amendment may be executed in one or more counterparts, each of which shall <br />be deemed an original, but all of which when taken together shall constitute one <br />agreement. <br />[SIGNATURE PAGE FOLLOWS] <br />Resolution 68-23 Page 5 <br />