2007-113-RES-Approving and Authorizing the execution of the fifth amended landfill service contract between the City of Paris and Waste Management of Texas

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FIFTH AMENDED LANDFILL SERVICE CONTRACT STATE OF TEXAS § COUNTY OF LAMAR § KNOW ALL MEN BY THESE PRESENTS: This FIFTH AMENDED LANDFILL SERVICE CONTRACT (this "Amendment") is entered into by and between the City of Paris, Texas ("City"), and Waste Management of Texas, Inc. ("Contractor"), effective as of the 1 st day of October, 2007. WITNESSETH: WHEREAS, the City and Contractor, as successor-in-interest to Waste Management Company d/bla B&B Equipment Company, have heretofore entered into a contract with respect to disposal of residential Waste Material at a certain landfill located at 3100 County Road 33900, Powderly, Texas (the "Landfill"), whereby City agreed to deliver to the Landfill, and Contractor agreed to accept residential Waste Material as more particularly set forth in the original contract dated April 11,1983, and all amendments thereto including the Fourth Amended Landfill Service Contract dated October 11,1999, (collectively the "Contract"); and, WHEREAS, the City and Contractor now desire to extend the term of this contract and to amend the terms and provisions of the Contract, all as more particularly set forth herein. NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the parties hereto agree as follows: 1. Definitions. There is hereby added to the Contract the following definitions: (a) Acceptable Waste. Acceptable Waste means any and all solid waste, including municipal solid waste, except Unacceptable Waste. (b) Contractor. Waste Management of Texas, Inc., and all references in the Contract to "B&B" shall refer to Contractor. (c) Hazardous Waste. Hazardous Waste means hazardous waste and toxic or radioactive substances (even though they may be part of a delivered load of waste), as such terms are defined by applicable federal or state laws or regulations. (d) Special Waste. Special Waste means all treatedlde-characterized (formerly hazardous) wastes; polychlorinated byphenyl (PCB) wastes; industrial process wastes; asbestos containing material; chemical containing equipment; incinerator ash; medical wastes; off-spec chemicals; sludges; spill-cleanup FIFTH AMENDED LANDFILL SERVICE CONTRACT Pace 1 EXHIBIT g.