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t�rorst J FIRST AMENDMENT TO AGREEMENT FOR USE AND SUPPORT OF A SOLID WASTE DISPOSAL SYSTEM THIS FIRST AMENDMENT TO AGREEMENT FOR USE AND SUPPORT OF A SOLID WASTE DISPOSAL SYSTEM ("Amendment") is made effective as of , 202_, by and between the SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA ("Authority'), and the ("Member Locality"). RECITALS WHEREAS, effective as of January 25, 2018, the Authority and each SPSA Member entered into identical Agreements for Use and Support of a Solid Waste Disposal System (the agreement executed by the Member Locality will be referred to as the "Agreement," and the agreements with each SPSA Member are collectively referred to as the "Post -2018 Use & Support Agreements"). All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement. WHEREAS, the Initial Term of the Agreement runs through June 30, 2027, and will automatically extend for an initial Renewal Term of ten (10) years unless the Member Locality provides notice of intent to not renew the Agreement by no later than eighteen (18) months prior to June 30, 2027; WHEREAS, on February 5, 2024, the Authority issued a Request for Proposal for Solid Waste Disposal Services (RFP 01-24) (as amended, the "RFP") to establish one or more contracts through competitive negotiation for the acceptance and processing, recycling, recovery, reuse and/or disposal of 100% of the waste delivered by or on behalf of the Authority to contractor's permitted facilities, and for such contractor(s) facilities to serve as a Designated Disposal Mechanism; WHEREAS, the Authority and Commonwealth Sortation LLC ("Contractor") are currently in negotiations to finalize a long-term Waste Supply and Services Agreement ("WSSA") under which Contractor will provide the services described in the RFP (the "Project") for a period of at least twenty (20) years from the date the Project is operational, which period will extend well beyond the Initial Term and first Renewal Period; and WHEREAS, to ensure the Authority's ability to provide Municipal Solid Waste for the length of the proposed WSSA and to allow Contractor to secure reasonable financing for the Project, the Authority has requested that each SPSA Member amend their individual Post -2018 Use & Support Agreements to extend the Term and make other clarifying revisions. AGREEMENT NOW THEREFORE, in consideration of the promises and mutual obligations set forth in the Agreement, as amended by this Amendment, and other good and valuable consideration, the receipt of which is acknowledged by the parties, the Authority and the Member Locality agree as follows: 129066503