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BK:00024 PG:0968 <br />Amendment No. 6 to Operating Agreement <br />This AMENDMENT No. 6 is entered into this `} —k day of �. 2012 by and between <br />County of Lee, North Carolina (the "County ") and ARAMARK Correctional Services, LLC, a <br />Delaware limited liability company, with offices located at the ARAMARK Tower, 1101 Market Street, <br />Philadelphia PA 19107 ( "ARAMARK "). <br />WHEREAS, the parties entered into an Operating Agreement for the food services operation for <br />participants at Lee County Jail on May 31, 2006 (as amended, the "Agreement'); <br />WHEREAS, the parties acknowledge the need to address volatility in the cost of food <br />commodities; and <br />WHEREAS, the parties desire to amend the Agreement as hereinafter set forth, effective July 1, <br />2012. <br />NOW, THEREFORE, in consideration of the foregoing and of the mutual promises in the <br />Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the parties agree as set forth below. Capitalized terms used but not defined in this <br />Amendment have the meanings ascribed to such terms in the Agreement. <br />1. Term: Pursuant to Paraaraph 5 , Term of Agreement, the term of the Agreement shall be <br />renewed for a one year period, effective from July 1, 2012 through June 30, 2013. <br />2. Price Adjustment: In accordance with Paragraphs 5A & 513 of the Agreement, the parties agree <br />that the price per meal charged to the County by ARAMARK shall be changed as set forth on Attachment <br />A as a result of changes in the Market Basket of Products and negotiations by the parties. This pricing <br />shall be effective from July 1, 2012 through June 30, 2013 and shall supersede in all respects the price per <br />meal set forth in prior amendments between the parties. <br />3. Release: The methodology used to determine the price increase above, including the Category <br />Weighting percentages ascribed to each Menu Category, has been reviewed and accepted by the parties. <br />By their execution of this Amendment, each party hereby waives and releases any and all claims it may <br />have based upon or arising out of any such methodology (including the elements thereof) used to <br />calculate the price per meal as set forth in this Amendment, and further agrees not to bring any action, suit <br />or proceeding challenging such methodology or calculation. <br />4. Preventative Maintenance/Repairs: The parties agree that the prices charged to the County by <br />ARAMARK for preventative maintenance and repair shall be increased by five percent (5 %) as set forth <br />on Attachment B as a result of mutual agreement. This pricing shall be effective from July 1, 2012 <br />through June 30, 2013 and shall supersede in all respects the pricing set forth in prior amendments <br />between the parties. <br />5. Except as specifically set forth herein, all other terns and provisions of the Agreement shall <br />remain unaffected by this Amendment and continue in full force and effect <br />IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 6 to be signed by their <br />duly authorized representatives the day and year first written above. <br />ARAN RK Correctional Services, LLC <br />By: <br />David Kimmel <br />Vice President of Finance <br />Lee Cou n Nor h C rolina b <br />By: i = .�� <br />Nalt (-. ulda R. J h do <br />Title: C ha ir rr,a , <br />364211.1 <br />