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<br /> <br /> <br /> <br /> <br /> <br /> 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 /> <br /> (e) Suspicious Waste. Suspicious Waste means waste which Contractor reasonably <br /> suspects may be Unacceptable Waste. <br /> <br /> (f) 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 /> <br /> and enforcement. <br /> <br /> (g) Unacceptable Waste. Unacceptable Waste means any and all waste that is <br /> either: <br /> <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 /> <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 characteristics <br /> 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 governmental <br /> licenses and permits in effect, may be received for disposal at the Landfill. <br /> <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 /> <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 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 /> <br /> <br /> <br /> <br /> FIFTH AMENDED LANDFILL SERVICE CONTRACT Page 2 <br /> 181 <br />