R2016-57 AUTHORIZING CONTRACT - Midwest Fiber Inc.

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market value of community such as Secondary Materials Pricing.com and Pulp and Paper Weekly Processing Fee The Single Stream Material Processing Fees including transportation fees to be used for the purpose of determining the pricing for the first calendar year of the Term are as follows: Delivered to Receiving/Transfer Locations-Decatur, IL $103.50 per ton The Processing Fees shall be adjusted on each January 1 st of each calendar year during the Term by an amount equal to the annual percentage increase or decrease, as the case may be, of the Midwest Area Consumer Price Index of All Urban Consumers published by the U.S. Bureau of Labor Statistics for the most recent twelve-month period for which such information is available; however, such increase shall not be greater than 2% Cap and Floor on Price Notwithstanding the price as determined in accordance with the above formula, the price shall not exceed $10.00 per ton to be paid to City by Contractor and shall not exceed $15.00 per ton to be paid to Contractor by City. A maximum monthly tonnage of 325 tons shall be used to calculate the price per month in 2016 with the average annual tonnage for each preceding year used to calculate said maximum tonnage in subsequent years of this agreement. Tracking Account Midwest shall establish a tracking account for Supplier. For any month in which the Total Market Value of the Single Stream Material is more than $113.50 per ton, Midwest will (in addition to paying City the price, subject to the cap) add to Supplier's tracking account the excess of the Total Market Value over$113.50 per ton. For any month in which the Total Market Value of the Single Stream Material is less than $88.50.00 per ton, Supplier will pay Midwest the price, subject to the floor, and Midwest will subtract from Supplier's tracking account the difference between the Total Market Value and $88.50.00 per ton. If at any time the tracking account has a negative balance, then that portion of any price that is otherwise payable to Supplier as is necessary to bring the account balance to zero shall be retained by Midwest and the tracking account shall be credited for such amount. If at any time the tracking account has a positive balance, then that portion of any price that is otherwise payable to Midwest as is necessary to bring the account balance to zero shall be retained by Supplier and the tracking account shall be credited for such amount. A party shall not be entitled to payment for any positive or negative balance of the tracking account remaining at the end of the Term. An example of the tracking account is attached. 6