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percentage of change over the then most recent twelve month period for which the index figures are available for the Consumer Price Index (CPI) for the US WST (Water, Sewer, Trash Collection) as published by the U.S. Department of Labor, Bureau of Labor Statistics, provided such adjustment shall not exceed 2%. This Third Extension Agreement is intended to modify the Agreement, only to the extent that the Agreement is consistent with the terms stated herein. All the other terms and conditions of the Agreement and the RFP Contract Documents shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Third Extension Agreement as of the date first written above. Town of West Seneca By______________________________ Name: Title: Modern Disposal Services, Inc. By______________________________ Derek Veenhof, CEO 2 Page 56 of 301