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DES:dft /24/94 (008/62) <br /> <br /> "Company shall operate a Processing Facility <br />substantially in accordance with the Proposal and BFI's <br />"Response to JPA Letter" dated August 23, 1991." <br /> <br /> 4. Section 7, COMPENSATION FOR RECYCLING SERVICE, <br />first sentence shall be amended to state: <br /> <br /> "As full compensation for its recycling services <br />hereunder, including the cost of operations and maintenance <br />of vehicles and equipment at the Processing Facility, <br />Company shall receive:" <br /> <br /> 5. Section 7, COMPENSATION FOR RECYCLING SERVICE, <br />Subsection B, the following paragraph shall be added that <br />states: <br /> <br /> "If such a surcharge yields an operating ratio <br />(expenses divided by revenues) less than ninety-one percent <br />(91%) on operating costs and BFI has not been compensated <br />for one-half (1/2) its actual operating loss from recycling <br />operations between March 1, 1989, and October 1, 1992, then: <br /> <br /> a. If the lower operating ratio results from an <br /> increase in revenues from the average price received <br /> for recyclables compared with the average price <br /> received during the fiscal year ending September 30, <br /> 1992, or from BFI's affirmative action to reduce costs <br /> from those reported for the fiscal year ending <br /> September 30, 1992, then the surcharge shall be allowed <br /> to decline to an operating ratio that would result from <br /> (1) value of decreasing revenue by one-half (1/2) the <br /> <br /> <br />