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12/10/2025 10:32:58 AM
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1. Article II, Section 13 of the Agreement is amended and restated in its entirety as <br />follows: <br />Recyclable Waste — Any Solid Waste that (1) pursuant to <br />Virginia's Solid Waste Management Regulations (or other relevant <br />Applicable Law) in effect from time to time, or pursuant to <br />prevailing commercial practices in the waste management industry <br />at the applicable time, (a) can be used or reused, modified for use <br />or reuse, or prepared for beneficial use or reuse as an ingredient in <br />an industrial process to make a product or as an effective substitute <br />for a commercial product or (b) is otherwise processible (or <br />reprocessible) to recover a usable product or is regenerable to <br />another usable form, in each case, however, expressly excluding <br />"residual" Solid Waste generated in connection with any such <br />modification, preparation and/or processing for use, reuse, <br />recovery and/or regeneration of other Solid Waste to the extent that <br />such "residuals" cannot be categorized as "Recyclable Waste" in <br />accordance with the foregoing; and (2) is segregated by a SPSA <br />Member for reuse, recovery and/or regeneration. <br />2. The Member Locality is willing to amend the Agreement to extend the Term <br />provided that the following conditions have occurred (collectively, the "Approval Requirements"): <br />(1) the Board of Directors of the Authority (the "Board") has passed a resolution approved by at <br />least seventy-five percent (75%) of the Board authorizing amendments identical to this <br />Amendment for each Post -2018 Use & Support Agreement; (2) at least seventy-five percent (75%) <br />of the SPSA Members have executed such amendment; (3) the Board has passed a resolution <br />approved by at least seventy-five percent (75%) of the Board designating Contractor and/or <br />Contractor's facilities as a Designated Disposal Mechanism and authorizing the Executive Director <br />of the Authority to execute the WSSA with Contractor on behalf of the Authority; and (4) both the <br />Authority and Contractor have signed and delivered to each other the finalized WSSA. <br />3. If and when all of the Approval Requirements have been met, then Article III, <br />Section 1(a) of the Agreement is amended and restated in its entirety as follows: <br />This Agreement shall become effective as of the Agreement <br />Effective Date and shall continue thereafter for an initial term (the <br />"Initial Term") ending at midnight on June 30, 2052, unless earlier <br />terminated (i) by the Member Locality in accordance with the <br />provisions of Section 2 below or (ii) in accordance with Section 3 <br />below. <br />For the avoidance of doubt, the Authority and the Member Locality acknowledge and agree that <br />the amendment to Article III, Section 1(a) will only take effect if all of the Approval <br />Requirements have been met and, if that never occurs, then Article III, Section 1(a) shall not be <br />amended. <br />2 <br />1-2906650.3 <br />
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