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<br /> <br /> f <br /> <br /> <br /> <br /> FIFTH AMENDED LANDFILL SERVICE CONTRACT <br /> <br /> STATE OF TEXAS § <br /> KNOW ALL MEN BY THESE PRESENTS: <br /> <br /> COUNTY OF LAMAR § <br /> <br /> This FIFTH AMENDED LANDFILL SERVICE CONTRACT (this "Amendment") is <br /> entered into by and between the City of Paris, Texas ("City"), and Waste Management of Texas, Inc. <br /> ("Contractor"), effective as of the 1 st day of October, 2007. <br /> <br /> WITNESSETH: <br /> <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 a contract with respect to <br /> disposal of residential Waste Material at a certain landfill located at 3100 County Road 33900, <br /> Powderly, Texas (the "Landfill"), whereby City agreed to deliver to the Landfill, and Contractor <br /> agreed to accept residential Waste Material as more particularly set forth in the original contract <br /> dated April 11, 1983, and all amendments thereto including the Fourth Amended Landfill Service <br /> Contract dated October 11, 1999, (collectively the "Contract"); and, <br /> <br /> WHEREAS, the City and Contractor now desire to extend the term of this contract and to <br /> amend the terms and provisions of the Contract, all as more particularly set forth herein. <br /> <br /> NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars <br /> ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby <br /> 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, including <br /> 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 or <br /> radioactive substances (even though they may be part of a delivered load of <br /> waste), as such terms are defined by applicable federal or state laws or <br /> regulations. <br /> <br /> (d) Special Waste. Special Waste means all treated/de-characterized (formerly <br /> hazardous) wastes; polychlorinated byphenyl (PCB) wastes; industrial process <br /> wastes; asbestos containing material; chemical containing equipment; <br /> incinerator ash; medical wastes; off-spec chemicals; sludges; spill-cleanup <br /> <br /> <br /> FIFTH AMENDED LANDFILL SERVICE CONTRACT Page 1 <br /> <br /> ISO <br />