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RECYCLING PROCESSING SERVICES AGREEMENT <br />This Recycling Processing Services Agreement (the "Agreement") is made and entered into this _day <br />of , 20 ("Effective Date"), by and between the Cabarrus County, North Carolina <br />("Supplier"), and FCR, LLC / Charlotte Recycling, a Delaware corporation qualified to do and actually <br />doing business in the State of North Carolina ("Company"). <br />RECITALS <br />WHEREAS, Supplier desires that Company provide Services as defined herein as set forth in this <br />Agreement and Company desires to do so, all in accordance with the terms of this Agreement. <br />NOW, THEREFORE, in consideration of the promises and the mutual covenants contained in <br />this Agreement, the parties agree as follows: <br />TERMS AND CONDITIONS <br />Definitions. <br />1.1 "Avera¢¢ Market Value or AMV" means, based on the Facility Commodity Mix, the <br />current month market values set by the commodity market indices for each Recyclable commodity sold <br />by the Facility. The AMV shall be calculated as the sum of (i) the applicable domestic regional average <br />commodity prices for applicable fiber grades included in PPI Pulp & Paper Week (also known m RISI <br />Index www.risiinfo.com), (ii) the applicable domestic regional average commodity prices for applicable <br />metal and plastic grades in www.SewndaryMateria]sPricing.com, and (iii) actual monthly prices for glass <br />and residue; minus any direct costs of Company related to storage, transportation, disposal or marketing <br />of Recyclables. If the indices identified above change or are no longer utilized in the market, the parties <br />will negotiate in good faith to identify mutually acceptable indices or, if the parties cannot reach <br />agreement, Company will default to industry standards. <br />1.2 "Clean OCC" means clean (95% mrd greater) cardboard (loose or baled) which is <br />Source Separated from all other recyclables and or residue. <br />1.3 "Commercial Shude Stream" means loads collected from a commercial, industrial and <br />institutional Customer, or commercial Customer route, comprised of a minimum 50% OCC, and the <br />remainder being containers and fiber included on the Materials Acceptance Protocol attached hereto m <br />Schedule A. It does not include excluded materials described in the Materials Acceptance Protocol. <br />1.4 "CPI" — means the Consumer Price Index — All Urban Consumers, Water, Sewer and <br />Trash Collection, as reported by the Department of Labor. <br />1.5 "Customer" or "Customers" means all residential, commercial, industrial and <br />institutional recycling customers for whom Supplier collects Recyclables within the Cabarrus County, <br />North Carolina. <br />1.6 "Facili " means the Recycling Center located at 1007 Amble Drive, Charlotte, North <br />Carolina (the "Facility"). <br />1.7 "Facility Commodity Mix' means the relative mix of commodities, established pursuant <br />to either (i) a minimum rolling 3 -month Facility average composition (subject to adjustment as necessary <br />by Company where actual deliveries of pre-sorted Recyclables or the lack of shipment of any products <br />1000.28-525 <br />Page 51 <br />