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HomeMy WebLinkAboutTire Removal - Landfill � r Town Hall, 53095 Main Road P.O. Box 1179 1 Southold, New York 1 1971 JUDITH T. TERRY _ �4 TELEPHONE I OX%N CLERK (516) 765-1801 Ri(;ISTRAR of VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 17, 1987 Mark M. Levine, Partner Connecticut Tire Recycling 40 East Dudley Town Road Bloomfield, Connecticut 06002 Dear Mr. Levine: Whereas I am now in receipt of the executed agreement between CTR and the Town of Southold for the removal of scrap tires from the Landfill Site, I am returning herewith your $100.00 bid deposit check. Very truly yours, G� Judith T. Terr .' u !I AGREEMENT i THIS AGREEMENT is made this 5th day of November, 1987 by and between CONNECTICUT TIRE RECYCLING COMPANY (CTR) , a Connecticut general partnership, and the Town of Southold (Town) . WITNESSETH : WHEREAS, the Town in the normal course of its business disposes of a considerable number of scrap tires annually. ii i� WHEREAS, CTR operates a scrap tire shredding and storage facility (the "Shredding Facility") in Bloomfield, Connecticut which has the capacity of shredding and disposing of all of the Town's output of scrap automobile and truck tires. WHEREAS , commencing with the date of this Agreement CTR is willing to deliver to the Southold Town Landfill site a trailer to accept all of the Town's scrap tires, and to deliver the scrap tires to the Shredding Facility maintained by CTR, and CTR is willing to accept all of the Town's scrap tires for the term and fees set forth below. ACCORDINGLY, in consideration of the above and of the mutural agree- ments set forth below , the parties agree as follows: 1. Provision of Scrap Tires by Town, Acceptance by CTR. (a) CTR will drop a trailer, to be filled by employees of the Town, within a 30 day period, at a secure location on a continuing basis. Priced at $1 ,000. 00 per trailer load. (b) Title to the scrap tires, shall pass from the Town to CTR or its designees only upon the delivery and unloading of scrap tires by the Supplier or its agents at the location designated by CTR on the Shredding Facility premises. 2. Exclusive Dealing. Commencing with the date of this Agreement, I T I and during its term and any renewal thereof, the Town agrees that neither the Town nor any of its affiliates ora agents shall deliver, sell assign or other- wise g wise divert any scrap tires to any individual or entity other than CTR except I upon CTR's approval. CTR shall have the sole right to dispose of the scrap i tires at any of its affiliate sites. 1' ii 3. Term of Agreement. (a) This Agreement shall commence as of the date stated above and shall continue for one (1) year - to November 5, 1988. (b) Nothwithstanding anything herein to the contrary, if CTR in its sole judgment reasonably concludes that it could be liable for (i) any liabilities or obligations that exist for the protection of the environment which would become applicable to CTR as a result of this Agreement, or (ii) non-compliance by the Town with any applicable federal, state or local statutes or regulations pertaining to the conduct of the Town's operations or the performance of its obligations hereunder, CTR may give the Town notice of such determination stating that the Agreement is terminated. Upon such termination, both parties shall be relieved of any further obligation hereunder arising after the date of such termination. I� 'I 4. Miscellaneous. it (a) Warranties and Representations. Both the Town and CTR hereby warrant and represent that they are duly authorized to enter I into this Agreement, and that neither the execution nor the perform- �i ance of this Agreement conflicts with or constitutes a default under any agreement or other restriction of any kind binding upon either party. (b) AssiUnment. CTR may assign its rights hereunder to (i) any person loaning or advancing funds for the construction or permanent financing of the Shredding Facility or (ii) Oxford Tire Recycling, Inc. , a Delaware corporation, or any other entity controlled directly or indirectly by Oxford Energy, Inc. , a New York corporation. (c) Force.Majeure. Neither party shall be liable for its failure to perform hereunder due to acts of God, fires, floods, wars, sabotage, public disturbances, governmental laws, ordinances, rules and regulations, obstruction of transportation or any other cause or event not reasonably within the control of the party claiming such inability and not due to its fault. The party affected shall give by certified mail, postage prepaid return receipt requested , prompt written notice to the other party of the cause and commencement of such contingency, and likewise -2- when such contingency terminates. The party claiming such inability shall use its best efforts to remove the cause of the same with all reasonable promptness, and performance of this Agreement shall once again be resumed as soon as practicable thereafter. (e) Notices. All notices and other communications required or permitted to be given by this Agreement or any provision of applicable law, shall be in writing and shall be deemed to have been duly given if delivered personally or by a recognized nationwide overnight or same day courier service or mailed (by registered or certified mail, return receipt requested and postage prepaid) as follows: If to CTR : Connecticut Tire Recycling Company 40 East Dudley Town Road Bloomfield, Ct. 06002 Attention: Mr. Mark L. Levine If to Town: Supervisor Francis J. Murphy Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 (f) Entire Agreement. This Agreement contains the entire under- standing of the parties and is intended as a final expression of their agreement and a complete statement of the terms thereof. (g) Severability. In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be void and unenforceable in whole or in part, such determination shall not affect or impair the enforceability or validity of the remaining provisions of this Agreement, which shall remain in force and be implemented so as to give effect to the fullest extent possible to the parties' original intent. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. I� TOW UT hy, Superv-isor O. CONNE TICUT TIRE R E CYC ING COMPANY By ark M. Levine, tner {tl Town Hall, 53095 Main Road � '. P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY TELEPHONE ro«v CLERK (516) 765-1801 RLGISTRAR 01 VIT kL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 9, 1987 Mark M. Levine, Partner Connecticut Tire Recycling 40 East Dudley Town Road Bloomfield, Connecticut 06002 Dear Mr. Levine: Transmitted herewith are two (2) copies of the Agreement between CTR and the Town for the removal of scrap tires from the Southold Town Landfill Site. Please sign both copies and return the copy marked "Town" in the enclosed self-addressed, stamped envelope. Upon receipt of the Town's executed copy your $100. 00 bid deposit check will be returned to you. Very truly yours, =udithTerry Southold Town Clerk Enclosures (3) Z Town Hall, 53095 Main Road �+� • P.O. Box 1179 JUDITH T.TERRY .� it Southold, New York 11971 TELEPHONE TOWN CLERK (516) 765-1801 RL:(ASTRAR or VITAL SFAIISFICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 5, 1987: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Connecticut Tire Recycling for a one (1) year contract for the removal of scrap tires from the Southold Town Landfill Site, all in accord- ance with their bid proposal at a cost of $1 ,000- 00 per trailer load. Judith T. Terry Southold Town Clerk November 6, 1987 CONNECTICUT TIRE RECYC&G . ` �w'0 40 East Dudley Town Rd. Bloomfield, CT 06002 (203) 242-6251 October 14, 1987 Ms. Judith T. Terry Southold Town Clerk Southold Town Hall Main Rd. Southold, Nev York 11971 Dear Ms. Terry: In compliance with your request we bid for a one year contract for the removal of scrag tires from the Southold Town Landfill site, the following: For a charge of $1000 ger trailer load, Connecticut Tire Recyclirn will supply a trailer to be filled b_y the employees of the Town of Southold. When the filled trailer is removed a replacement trailer will be installed. i ArkN. 'ne Partner Recycling Yesterday's Tires For Tomorrow's Environment NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) (Corporate Title) (if any) Bid on LEGAL NOTICE NOTICE TO BIDDERS SL �HOLD TOWN CLERK NOTICE IS HEREBY GIVEN 1T015-5737 in accordance with the provi- sions of Section 103 of the Gen- eral Municipal Law,sealed bids are sought and requested for a SS: one (1)year contract for the re- moval of scrap tires from the Southold Town Landfill Site, Cutchogue, New York. Bidder will supply a trailer,to be filled Ch._j_S t Jn=;C-!Qp tc) of Greenport, in by employees of the Town of said County, being duly sworn, says that he/she is Southold;when the filled trailer is removed a replacement trailer Principal Clerk of THE SUFFOLK TIMES, a Weekly shall be installed in its place. Newspaper, published at Greenport, in the Town The sealed bids,together with a non-collusive bid certificate of Southold, County of Suffolk and State of New and bank draft or certified check in the amount of$100.00 will be York, and that the Notice of which the annexed is received by the Town Clerk of a printed copy, has been regularly published in the Town of Southold, at the Southold Town Hall,Main Road, said Newspaper Once each week for -1_ Southold,New York 11971 until weeks successively, commencing on the _15 — 11:00 A.M., Thursday, October 29,1987,at which time they will day Of Q r t n P r_ 19__&7 be opened and read aloud in pub- lic.The Town Board of the Town of Southold reserves the right to l reject any and all bids and waive any and all.informality in anybid should should it be deemed in the Principal Clerk best interest of the Town of Southold to do so. All bids must be signed anY Sworn to bef rem this sealed in ivelopes plainl marked "Bid on Removal of day Of __._ 19 Scrap Tires" and submitted to �!J MARY K.DEGNAN the Office of the Town Clerk. / � NOTARY PUBLIC,State of New York The bid price shall not include �j�y� Suffolk 1i,qfy. �4 ,"4gM0 any tax, federal, state or local, ��� arm r f from which the Town of South- old is exempt. DATED:October 6,1987. JUDITH T.TERRY SII COUNTY OF SUFFOLK ss: STATE OF NEW YORK LEGAL NOTIC NO ICE TO BIDDERS Patricia Wood, being duly sworn, says that she is the NOTICE IS HEREBY GIV- Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, EN in accordance with the pro- a public newspaper printed at Southold, in Suffolk County; visions of Section 103 of the and that the notice of which the annexed is a printed copy, General Municipal Law, sealed bids are sought and requested has been published in said Long Island Traveler-Watchman for a one (1) year contract for once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . weeks the removal of scrap tires from the Southold Town Landfill Site, Cutchogue, New York. Bidder successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . will supply a trailer,to be filled by employees of the Town of Southold;when the filled trailer aY of . . .�:'�� :�` . . . . . . . .. 19 is removed a replacement trailer shall be,installed Ain its place." The sealed bids,together with • • • • • a non-collusive bid certificate and bank draft or certified check in the amount of$100.00 will be received by the Town __ c Clerk of the Town of Southold, Sworn to before me this . . . . . . . /.'. . . . . . . . . . . . day of at the Southold Town Hall, Main Road, Southold, New York 11971 until 11:00 A.M., . . . • . . . /C . . . . • 19 F, • Thursday,.October 29, 1987, at which time they will be opened and read,aloud in public. The Town Board of the Town of Southold reserves the right to re ject any and all bids and waive �` a . . . . . . . . . . . . . . . . . . . . . . . . . . any and'all informality in any Notary Public bid should it be deemed in the best interest of the Town of Southold to do so. ylot: y - S• York All bids must be signed and a'`. 4;, sealed in envelopes plainly marked "Bid on Removal of Scrap Tires" and submitted to the Office.of the Town Clerk. The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. DATED: October 6, 1987 JUDITH T. TERRY SOUTHOLD TOWN CLERK IT-10/15/87(16) STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 8th day of October lg 87 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971 . Notice to Bidders: Removal if used tires from the Southold Town Landfill Site, Cutchogue. Bid opening: 11:00 A.M. , Thursday, October 29, 1987, Southold Town Hall. Judith T. Terry Southold Town Clerk Sworn to before me this 8th day of October 1987 ., Notary Public ELIZABETH ANN NEVILLE Note ry Public,State of New York No.52-8125850,Suffolk Co Terra Expires October 31, 19 f i� I� LEGAL NOTICE li NOTICE TO BIDDERS I 1 NOTICE IS HEREBY GIVEN in accordance with the provisions of Section 103 of the General Municipal Law, sealed bids are sought and requested for a one (1) year contract for the removal of scrap tires from the Southold Town 1 Landfill Site, Cutchogue, New York. Bidder will supply a trailer, to be filled by employees of the Town of Southold; when the filled trailer is removed a replacement trailer shall be installed in its place. The sealed bids together with a non-collusive bid certificate and bank draft or certified check in the amount of $100. 00 will be received by the Town i Clerk of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York 11971 until 11 :00 A.M., Thursday, October 29, 1987, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and �I all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Removal of Scrap Tires" and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state or local, from which the I Town of Southold is exempt. DATED : October 6, 1987. JUDITH T. TERRY SOUTHOLD TOWN CLERK i I PLEASE PUBLISH ONCE, OCTOBER 15, 1987, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. �i Copies to: �) The Suffolk Times { The Long Island Traveler-Watchman , Commissioner of Public Works Jacobs Dodge Reports Town Clerk's Bulletin Board j I i I, ii I I� P r NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) (Corporate Title) (if any) Bid on LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN in accordance with the provisions of Section 103 of the General Municipal Law, sealed bids are sought and requested for a one (1) year contract for the removal of scrap tires from the Southold Town Landfill Site, Cutchogue, New York. Bidder will supply a trailer, to be filled by employees of the Town of Soutnoid; wrieri Me timed .railer k5 relifluvw a replacement trailer shall be installed in its place. The sealed bids, together with a non-collusive bid certificate and bank draft or certified check in the amount of $100. 00 will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York 11971 until 11 :00 A.M., Thursday, October 29, 1987, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in' envelopes plainly marked "Bid on I Removal of Scrap Tires" and submitted to the Office of the Town Clerk. The bidprice shall not include any tax, federal, state or local, from which the i Town of Southold is exempt. DATED: October 6, 1987. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, OCTOBER 15, 1987, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN' ROAD, SOUTHOLD, NEW YORK 11971. Copies to: The Suffolk Times The Long Island Traveler-Watchman - Commissioner of Public Works Jacobs Dodge Reports Town Clerk's Bulletin Board LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN in accordance with the provisions of Section 103 of the General Municipal Law, sealed bids are sought and requested for a one (1) year contract for the removal of scrap tires from the Southold Town Landfill Site, Cutchogue, New York. Bidder will supply a trailer, to be filled by employees or the Town of boutnoiu; when the d11eu trailer is i'ewuveu a replacement trailer shall be installed in its place. The sealed bids, together with a non-collusive bid certificate and bank draft or certified check in the amount of $100. 00 with be received by the Town Clerk of the Town of Southold, at the Southold Town Hail, Main Road, Southold, New York 11971 until 11 :00 A.M., Thursday, October 29, 1987, at which time they will be opened and read aloud in public. The Town Board of the Town Of Southold reserves the right to reject any and all bids and waive any and all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in' envelopes plainly marked "Bid on Removal of Scrap Tires" and submitted to the Office of the Town Clerk. The bid rprice shall not include any tax, federal, state or local, from which the Town of Southold is exempt. DATED : October 6, 1987. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, OCTOBER 15, 1987, AND FORWARD ONE (1) AFFIDAVIT OF- PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN' ROAD, SOUTHOLD, NEW YORK 11971. Copies to: The Suffolk Times The Long Island Traveler-Watchman Commissioner of Public Works Jacobs Dodge Reports Town Clerk's Bulletin Board i Q��S�FFOC��o z Ln Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 .JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 6, 1987: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the removal of tires from the Landfill Site, Cutchogue. Judith T. Terry Southold Town Clerk October 7, '1987 C Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1 1971 JUDITH T. TERRY 'ITUPHONF. TOWN CLERK (516) 765-1&)I REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 7, 1987 Mark Levine, Partner Connecticut Tire Recycling 40 East Dudley Town Road Bloomfield, Connecticut 06002 Dear Mr. Levine: Transmitted herewith is the executed contract between your firm and the Town of Southold for the disposal of scrap tires by the Town. When you are ready to make the delivery of the trailer, please contact Commissioner of Public Works Raymond L. Jacobs (516-765-3140) to make arrangements for its placement at a secure location at our Landfi II' site in Cutchogue. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure cc: R. Jacobs Accounting -COAECTICUT TIRE RECYANG 40 East Dudley Town Rd. . Go, � t Bloomfield, CT 060021 , (203) 242-6251 `` +11+ TOWN 0 F v 0 U fll-i Q LD April 22, 1987 Francis J. Murphy Town of Southold 53095 Main Rd. Southold, NY 11971 Dear Mr. Murphy: As per our telephone conversation of April 21, I am enclosing a contract for inspection by the town of Southold, Long Island with a term of either one (1) year or three (3) years. The length of the contract is to be determined by your town. I hope this meets with your approval. If you have any further questions or need more information, please call me. l vv Mark Levine Partner Recycling Yesterday's Tires For Tomorrows Environment CONNECTICUT TIRE RECYCLING SCRAP TIRE SUPPLY AND SHREDDING AGREEMENT THIS AGREEMENT is made this -------- day of _AEril ___, 19 87 by and between Connecticut Tire Recycling Company, a Conne icut general partnership ( "CTk") , and the Town of ------ Southold. L.I. WITHNESSETH: WHEREAS, Supplier in the normal course its business, disposes of at least scrap tires annually. WHEREAS, CTR operates a scrap tire" redding and storage facility (the "Shredding Facility" ) in BloomfXeld, Connecticut which has the capacity of shredding and disposing ,6f all of Supplier' s output of scrap automobile and truck tires WHEREAS, commencing With the /ate of this Agreement Supplier is willing to deliver or calAsq/to be delivered to the Shredding Facility, and CTR is wi'lcink to accept, all of Supplier' s scrap tires for the term and fees s6t forth below. ACCORDINGLY, in conside ,�f-at i n of the above and of the mutual agreements set forth below, the artiesagree as follows: 1. Provision of .S6rap_jires by_ Ltpplier, by CTR (a) SupplierX shall deliver an unload, or cause to be delivered and unloaded, ar�d CTR shall accept, t the Shredding Facility all of Supplier' s annual utput of scrap tires ruder the terms and con- ditions specified herei Supplier agrees that TR reserves the right to reject tires which CTR' s sole judgment migh damage CTR' s equip- ment. (b) R agrees that for the initial t rm of this Agree- ment, Supplier sha/1be charged the following tipping fees by CTR ( 1) Unmounted automobile tires $_____ --- per ton (2) Unmounted truck tires $-_____ -- per ton (3) Mounted tires $_______ - per ton (4) Trailer load $ 1 LOOOyQ per load Payment terms shall be 15 days Thereill be a Cost of Living increase after the initial term of the 0/� . agre merit and for each succeeding term. r CONNECTICUT TIRE RECYCLING SCRAP TIRE SUPPLY AND SHREDDING AGREEMENT THIS AGREEMENT is made this 1st day of May, 1987 by and between Connecticut Tire Recycling Company, a Connecticut general partnership ("CTR") , and the Town of Southold. WITNESSETH: WHEREAS, Supplier in' the normal course of its business, disposes of at least scrap tires annually. WHEREAS, CTR operates a scrap tire shredding and storage facility (the "Shredding Facility") in Bloomfield, Connecticut which has the capacity of shredding and disposing of all of Supplier's output of scrap automobile and truck tires. WHEREAS, commencing with the date of this Agreement CTR is willing to deliver to the Southold Town Landfill site a trailer to accept all of Supplier's scrap tires, and to deliver the scrap tires to the Shredding Facility maintained by CTR, and CTR is willing to accept all of Supplier's scrap tires for the term and fees set forth below. ACCORDINGLY, in consideration of the above and of the mutual agreements set forth below, the parties agree as follows: 1. Provision of Scrap Tires by Supplier, Acceptance by Connecticut Tire Recycling. (a) CTR will drop a trailer, to be filled by employees of the Town of Southold, within a 30 day period, at a secure location on a continuing basis. Priced at $1,000. 00 per trailer load. (b) CTR agrees that for the initial term of this Agreement, Supplier shall be charged the following tipping fees by CTR: -... . (1) Unmounted automobile tires $ per ton (2) Unmounted truck tires $ per ton (3) Mounted tires $ per ton (4) Trailer load $ 1,000- 00 per load There will be a Cost of Living increase after the initial term of the agreement and for each succeeding term. ` CONNECTICUT TIRE RECYCLING SCRAP TIRE SUPPLY AND SHREDDING AGREEMENT (c) Title to the scrap tires shall pass from the Supplier to CTR or its designees only upon the delivery and unloading of scrap tires by the Supplier or its agents at the location designated by CTR on the Shredding Facility premises. 2^ Exclusive_Dealing. Commencing with the date of this Agreement, and during its term and any renewal thereof, Supplier agrees that neither Supplier nor any of its affiliates or agents shall deliver, sell, assign or otherwise divert any scrap tires to any individual or entity other than CTR except upon CTR' s approval. CTR shall have the sole right to dispose of the scrap tires at any of its affiliate sites. 3^ Term_of_Ag[gEment^ (a) This Agreement shall commence as of the date stated above and shall continue for April 30, 1988. (b) Notwithstanding anything herein to the contrary, if CTR in its sole judgment reasonably concludes that it could be liable for (i) any liabilities or obligations that exist for the protection of the environment which would become applicable to CTR as a result of this Agreement, or (ii) non-compliance by Supplier with any applicable federal, state or local statutes or regulations pertaining to the conduct of Supplier' s operations or the performance of its obligations hereunder, CTR may give Supplier notice of such determination stating that the Agreement is terminated. Upon such termination, both parties shall be relieved of any further obligation hereunder arising after the date of such termination. - , " CONNECTICUT TIRE RECYCLING TIRE SUPPLY AND SHREDDING AGREEMENT 4. Miscellaneous. (a) Wa[Zanties_and_RegrEnEntgtions. Both Supplier and CTR hereby warrant and represent that they are duly authorized to enter into this Agreement, and that neither the execution nor the performance of this Agreement conflicts with or constitutes a default under any agreement or other restriction of any kind binding upon either party. (b) Assignment. CTR may assign its rights hereunder to ( i ) any person loaning or advancing funds for the construction or per- manent financing of the Shredding Facility or (ii) Oxford Tire Recycling, Inc. , a Delaware corporation, or any other entity controlled directly or indirectly by Oxford Energy, Inc. , a New York corporation. (c) Force_MajE2rg. Neither party shall be liable for its failure to perform hereunder due to acts of God, fires, floods, wars, sabotage, public disturbances, governmental laws, ordinances, rules and regulations, obstruction of transportation or any other cause or event not reasonably within the control of the party claiming such inability and not due to its fault. - The party affected shall give by certified mail, postage prepaid return receipt requested, prompt written notice to the other party of the cause and commencement of such contingency, and likewise when such contingency terminates. The party claiming such inability shall use its best efforts to remove the cause of the same with all reasonable promptness, and performance of this Agreement shall once again be resumed as soon as practicable thereafter. (e) Notices. All notices and other communications required or permitted to be given by this Agreement or by any provision of applicable law, shall be in writing and shall be deemed to have been duly given if delivered personally or by a recognized nationwide over- night or same day courier service or mailed (by registered or certified mail, return receipt requested and postage-brepaid) as follows: If to CTR: Connecticut Tire Recycling- Company 40 East Dudley Town Road Bloomfield, Ct. 06002 . Attention: Mr. Mark L. Levine - If to Supplier: Francis -L_ _________ ' . ___________ 31� Town Ha , 53095 Main Road ___________ ldL_Nmw_Ymrk_1197Y______________ ____________________________________ � � � CONNECTICUT TIRE RECYCLING SCRAP TIRE SUPPLY AND SHREDDING AGREEMENT (f) Entire_Agreement. This Agreement contains the entire understanding of the parties and is intended as a final ex- pression of their agreement and a complete statement of the terms thereof. (g) Sev-erability. In the event that any provision of this Agreement is determined by a court of competent .jurisdiction to be void and unenforceable in whole or in part, such determination shall not affect or impair the enforceability or validity of the remaining provisions of this Agreement, which shall remain in force and be implemented so as to give effect to the fullest extent possible to the parties' original intent. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. CONNECTICUT TI E RECYCL G COMPANY SUPPLIE TO N T HOLD .By: ------- -------------- BY: -- - ----------- -- - rphy ITS: