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<br />1 H. The Agency has therefore affirmatively evaluated the Contractor's <br />2 I'erformance and determined it to be satisfactory; and, <br />3 <br />4 Whereas, the ()riginal Agreement contemplated that the Agency may wish to <br />5 extend the term of the Agreement beyond the December 31, 2009 termination date of <br />6 the initial contract extension, for a period of one to seven years in increments of at least <br />7 12 months; and <br />8 <br />9 Whereas, the Agency wishes to extend the ()riginal Agreement for one additional <br />10 year to December 31, 2010; and <br />11 <br />12 Whereas, the Agency has determined that the benefits offered by the Contractor in <br />13 exchange for granting its request are in the best interest of the Agency and its residents <br />14 and businesses. <br />15 <br />16 <br />17 NOW, THEREFORE, in consideration of the mutual promises, covenants, and <br />18 conditions contained in this Agreement and for other good and valuable consideration, <br />19 the parties agree as follows: <br />20 <br />21 <br />22 ARTICLE 1 <br />23 DEFINITIONS <br />24 <br />25 Unless the context otherwise requires, capitalized terms used in this Agreement will <br />26 have the meanings specified in Exhibit A to this Agreement, which is attached hereto <br />27 and incorporated by reference. <br />28 <br />29 <br />30 ARTICLE 2 <br />31 GRANT AND ACCEPTANCE OF AGREEMENT <br />32 <br />33 2.01 Grant and Acceptance of Franchise. Subject to Section 2.06 and 2.08, <br />34 Agency hereby grants to Contractor the exclusive right and privilege to Collect, <br />35 transport, process, and dispose of Solid Waste, residential Recyclable Materials, <br />36 Commercial ()rganic Materials, and Plant Materials, accumulating in Service Area that <br />37 is required to be accumulated and offered for Collection to Contractor in accordance <br />38 with this Agreement and Agency's ordinance. Contractor hereby accepts the terms and <br />39 conditions set forth in this Agreement. <br />40 <br />41 2.02 Effective Date. The effective date of the ()riginal Agreement was March <br />42 1, 2000. The Effective date of this Agreement shall be on the date on which the last of <br />43 the following agreements is executed. <br />44 <br /> Atty j Agrj2005.022 <br /> 060205 -4- <br />