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SOLID WASTE COLLECTION AND DISPOSAL EXCLUSIVE FRANCHISE AGREEMENT THIS AGREEMENT, made and entered into [his , by and between Cabarrus County, North Carolina by and through its Boazd of County Commissioners (County), and BFI Waste Systems of North America, Inc. (Disposal) and BFI Waste Services, LLC dba Allied Waste Services (Collection), hereinafter referenced to as "BFI" or "Allied" or "Allied/BFI". WHEREAS, the County is duly authorized to grant exclusive franchises for the collection and disposal of solid waste within the unincorporated portions of Cabarrus County, North Carolina; and WHEREAS, the County has found that granting of exclusive solid waste disposal and residential collection franchises to Allied/BFI is in the best interest of the public, and WHEREAS, The County will provide disposal services for its residents as well as disposal service for the City of Kannapolis including that portion of the City within Rowan County, North Carolina and the Towns of Mount Pleasant and Harrisburg, all within Cabarrus County; and WHEREAS, said BFI has presented satisfactory evidence to the County that it is in adequate physical and financial position to provide such disposal service under all rules and regulations. Now, therefore, in consideration of the promises and mutual covenants herein contained, the parties hereto intending to be legally bound, hereby agree as follows: SECTION 1-DEFINITIONS For the purpose of this Agreement, the definitions contained in this section shall apply unless otherwise specifically stated. When not inconsistent to the context, words used in the present tense include the future, words in plural numbers include [he singular, and words in the singular number include plural. The word "shall" is always mandatory and not merely directory. Apartment or Condominiums -Shall mean a building housing four (4) or more living units under one roof. Board -Shall mean the Board of County Commissioners of Cabarrus County, North Carolina. G-~