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<br />1 <br />2 a. The amendments to the franchise agreements between the SBWMA Member <br />3 Agencies and BFI Waste Systems of North America, Inc for solid waste, <br />4 recyclable materials and plant material collection services extending those <br />5 agreements to December 31, 2010 are executed. <br />6 <br />7 b. The Fifteen-year Agreement between the South Bayside Waste Management <br />8 Authority and Browning-Ferris Industries of California, Inc. for Solid Waste <br />9 Disposal Services at most-favored disposal rates and with payments by <br />10 Contractor to the Authority is executed. <br />11 <br />12 In all other respects the Agreement shall remain the same. <br />13 <br />14 2.03 Term. The term of this Agreement shall end at midnight December 31, <br />15 2010. <br />16 <br />17 2.04 Reserved. <br />18 <br />19 2.05 Additional Option to Extend Term. Agency shall have the additional <br />20 option to extend this Agreement after December 31, 2010 from one to six years in <br />21 periods of at least 12 months on the same terms and conditions. If Agency elects to <br />22 exercise this option, it shall give written notice not later than 12 months prior to the <br />23 termination date. <br />24 <br />25 2.06 Conditions to the Effectiveness of Agreement. The obligation of Agency <br />26 to permit this Agreement to become effective and to perform its undertakings provided <br />27 for in this Agreement is subject to the satisfaction of each and all of the conditions set <br />28 out below, each of which may be waived in whole or in part by Agency. <br />29 <br />30 A. Accuracy of Representations. Representations and warranties <br />31 made by Contractor throughout this Agreement are accurate, true and correct on and as <br />32 of the effective date of this Agreement. Any information submitted to the Agency <br />33 and/ or SBWMA supplementary thereto, on which the Agency has relied in awarding <br />34 this franchise to Contractor and entering into this Agreement, does not contain any <br />35 untrue statement of a material fact nor omit to state a material fact necessary in order to <br />36 make the statements made, in light of the circumstances in which they were made, nor <br />37 is misleading. <br />38 <br />39 B. Absence of Litigation. There is no litigation pending in any court <br />40 challenging the award of this franchise to Contractor or the execution of this Agreement <br />41 or seeking to restrain or enjoin its performance. <br />42 <br />43 <br /> Atty j Agrj2005.022 <br /> 060205 -5- <br />