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<br />FIFTH AMENDEDMENT-+-<:}...LANDFILL SERVICE CONTRACT <br /> <br />STATE OF TEXAS <br /> <br />~ <br />~ <br />~ <br /> <br />KNOW ALL MEN BY THESE PRESENTS: <br /> <br />COUNTY OF LAMAR <br /> <br />This FIFTH AMENDMENT TO LANDFILL SERVICE CONTRACT (this <br />"Amendment") is by and between the City of Paris, Texas ("City"), and Waste Management of <br />Texas, Inc. (or "Contractor"), effective as of the day of 2006. <br /> <br />WIT N E SSE T H: <br /> <br />WHEREAS, the City and Contractor, as successor-in-interest to Waste Management <br />Company d/b/a B&B Equipment Company, have heretofore entered into an agreement with <br />respect to disposal of residential Waste Material at a certain landfill located at 3100 County Road <br />33900, Powderly, Texas (the "Landfill"), whereby City agreed to deliver to the Landfill, and <br />Contractor agreed to accept, residential Waste Material, as more particularly set forth in, and <br />subject to the terms of, that certain "Fourth Amended Landfill Service Contract" (together with <br />all amendments, the "Contract"), dated October 11, 1999; and <br /> <br />WHEREAS, the parties to amend the terms and provisions of the Contract, all as more <br />particularly set forth herein. <br /> <br />NOW, THEREFORE, for and in consideration of the sum of Ten and Noll 00 Dollars <br />($10.00) and other good and valuable consideration, the receipt and sufficiency of which are <br />hereby acknowledged and confessed, the parties hereto agree as follows: <br /> <br />1. Definitions. There is hereby added to the Contract the following definitions: <br /> <br />(a) Acceptable Waste. Acceptable Waste means any and all solid waste, <br />including municipal solid waste, except Unacceptable Waste. <br /> <br />(b) Contractor. Waste Management of Texas, Inc., and all references in the <br />Contract to "B&B" shall refer to Contractor. <br /> <br />(c) Hazardous Waste. Hazardous Waste means hazardous waste and toxic <br />or radioactive substances (even though they may be part of a delivered <br />load of waste), as such terms are defined by applicable federal or state <br />laws or regulations. <br /> <br />(d) Special Waste. Special Waste means all treated/de-characterized <br />(formerly hazardous) wastes; polychlorinated byphenyl (PCB) wastes; <br />industrial process wastes; asbestos containing material; chemical <br />containing equipment; incinerator ash; medical wastes; off-spec <br />chemicals; sludges; spill-cleanup wastes; underground storage tank (UST) <br /> <br />FIFTH AMENDMENT TO LANDFILL SERVICE CONTRACT <br />S:\citydata\Clerklnbrown\Other\Fifth Amendment to Landfill Service Contract - V3R9-2 I .doc <br /> <br />Page 1 <br /> <br />EXHIBIT L <br />