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<br />soils; waste from service industries; and all such other wastes described on <br />Exhibit "A" attached hereto and incorporated herein by this reference for <br />all purposes. <br /> <br />( e) Suspicious Waste. Suspicious Waste means waste which Contractor <br />reasonably suspects may be Unacceptable Waste. <br /> <br />(f) TCEQ. TCEQ means the Texas Commission on Environmental Quality, <br />or any predecessor, successor or other substituted agency, department or <br />commission of the State which has regulatory authority over solid waste <br />disposal permitting and enforcement. <br /> <br />(g) Unacceptable Waste. Unacceptable Waste means any and all waste that <br />is either: <br /> <br />(i) Waste which is or may be prohibited from disposal at the Landfill <br />by federal or state law, regulation, rule, code, ordinance, order, <br />permit or permit condition; <br /> <br />(ii) Hazardous Waste; <br /> <br />(iii) Special Waste without an approved Special Waste agreement as <br />described in Section 7; or <br /> <br />(iv) Special Waste which does not conform to the analysis or <br />characteristics described in a Special Waste agreement. <br /> <br />(h) Waste Material. Waste Material means residential Acceptable Waste and <br />construction and demolition material which, in compliance with <br />governmental licenses and permits in effect, may be received for disposal <br />at the Landfill. <br /> <br />2. ~. The term of the Contract is hereby extended an additional five (5) years, <br />through September 30, 2012 (the "Renewal Term"). The term of this Contact <br />may thereafter be renewed for additional successive five (5) year terms, upon the <br />mutual agreement of Contractor and the City, upon terms and conditions <br />acceptable to both parties, in each parties' sole discretion. <br /> <br />3. Base Rates. Effective as of the date hereof, Sections 6 and 7 of the Contract are <br />hereby deleted in their entirety, and the following inserted in lieu thereof: <br /> <br />(a) Commencing as of the effective date of the date of this Amendment, the <br />base rates to be charged by Contractor for receiving and disposal of Waste <br />Material (as hereinafter defined) at the Landfill shall be as follows ("Base <br />Rates"): <br /> <br />FIFTH AMENDMENT TO LANDFILL SERVICE CONTRACT <br />S:\citydata\Clerklnbrown\Other\Fifth Amendment to Landfill Service Contract - V3R9-21.doc <br /> <br />Page 2 <br />