HomeMy WebLinkAboutFIRST AMENDMENT TO THE LANDFILL GAS SALES AGREEMENT BETWEEN AUGUSTA, GEORGIA AND UNIMUM CORPORATION FIRST AMENDMENT TO THE LANDFILL GAS SALES AGREEMENT
This First mendment to the Landfill Gas Sales Agreement ("Agreement") is made this ici-fk
day of , 2017, between Augusta, Georgia, a political subdivision of the State of
Georgia, acting by and through its Environmental Services Department, hereinafter referred to as
"SELLER", and Unirnin Corporation — Hephzibah Plant, hereinafter referred to as "BUYER".
SELLER and BUYER are at times collectively referred to hereinafter as the "Parties" or
individually as the"Party".
Whereas, SELLER and BUYER entered into a certain Landfill Gas Sales Agreement on
December 19, 1996;
Whereas, the agreement entered into by the Parties provided for a ten-year term, with ten
(10)one-year renewals;
Whereas, the Parties have exhausted all renewals, but have agreed that it is in the best
interest of both parties to extend the current Agreement for one(I) additional year; and
NOW THEREFORE, for and in consideration of the premises, the mutual covenants
contained herein, Ten Dollars (S10.00) in hand paid and other good and valuable consideration,
the receipt, adequacy and sufficiency of which are hereby acknowledged by SELLER AND
BUYER, SELLER and BUYER hereby covenant and agree as follows:
I. ARTICLE III, TERM, Section 3.2 of the Agreement is hereby deleted in
its entirety and replaced with the following:
3.2 Either Seller or Buyer shall have the right to renew the Agreement for one-year
periods for an additional ten (10) years by notifying the other party in writing of its
intention to renew at lease thirty days prior to the expiration of the Agreement or any
subsequent option period. At the end of the additional ten (10) years, if it is in the best
interest of the Parties, the Parties may agree to extend for one(1) additional year with
the final expiration of this Agreement between the Parties occurring at 11:59 PM on
December 31,2018.
2. Except as modified by this Amendment, the Agreement remains unmodified and
in full force and effect.
3. This Amendment shall be binding upon and inure to the benefit of BUYER and
SELLER and their respective legal representatives,transferees, successors and assigns.
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4. All capitalized terms used but not defined herein shall have the same meanings as
defined in the Agreement.
IN WITNESS WHEREOF, the parties hereto have entered into this Amendment under
seal as of the date first written above.
AUGUSTA,GEORGIA UNIMIN CORPOR TION
Seller Buyer
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By
-1Jr,Tardie Davis,.-ur. By
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Attest"' f/ 1:1 ,1 . it/
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Sworn to and subscribed before me this
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