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wastes; underground storage tank (UST) soils; waste from service industries; <br />and all such other wastes described on Exhibit "A" attached hereto and <br />incorporated herein by this reference for all purposes. <br />(e) Suspicious Waste. Suspicious Waste means waste which Contractor reasonably <br />suspects maybe Unacceptable Waste. <br />(~ TCE . TCEQ means the Texas Commission on Environmental Quality, or any <br />predecessor, successor or other substituted agency, department or commission <br />of the State which has regulatory authority over solid waste disposal permitting <br />and enforcement. <br />(g) Unacceptable Waste. Unacceptable Waste means any and all waste that is <br />either: <br />(i) Waste which is or may be prohibited from disposal at the Landfill by <br />federal or state law, regulation, rule, code, ordinance, order, permit or <br />permit condition; <br />(ii) Hazardous Waste; <br />(iii) Special Waste without an approved Special Waste agreement as <br />described in Section 7; or <br />(iv) Special Waste which does not conform to the analysis or characteristics <br />described in a Special Waste agreement. <br />(h) Waste Material. Waste Material means residential Acceptable Waste and <br />construction and demolition material which, incompliance with governmental <br />licenses and permits in effect, maybe received for disposal at the Landfill. <br />2. Term. The term of the Contract is hereby extended an additional three (3) years, <br />beginning October 1, 2007 and ending September 30, 2010. The term of this Contact <br />may thereafter be renewed for additional successive three (3) year terms, upon the <br />mutual written agreement of Contractor and the City, upon terms and conditions <br />acceptable to both parties, in each parties' sole discretion. <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 />(a) Commencing as of the effective date of the date of this Amendment, the base <br />rates to be charged by Contractor for receiving and disposal of Waste Material <br />(as hereinafter defined) at the Landfill shall be as follows ("Base Rates"): <br />FIFTH AMENDED LANDFILL SERVICE CONTRACT Page 2 <br />