1
EXHIBIT 10.4
FIRST AMENDMENT TO
SERVICES AGREEMENT
THIS FIRST AMENDMENT TO SERVICES AGREEMENT ("Amendment") is entered
into as of the 4th day of March, 1999, by and between REPUBLIC INDUSTRIES, INC.,
a Delaware corporation and REPUBLIC SERVICES, INC., a Delaware corporation.
PRELIMINARY STATEMENTS
A. The parties have previously entered into that certain Services
Agreement dated June 30, 1998 (the "Agreement"). Unless otherwise defined,
capitalized terms used herein shall have the meanings given to them in the
Agreement.
B. It has been determined that the Distribution will not occur, and
the parties wish to amend the Agreement to reflect such fact.
AGREEMENT
NOW, THEREFORE, in consideration of the premises, the mutual covenants
set forth herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby agree as
follows:
Section 2 of the Agreement is hereby amended by adding the following
text at the end of such section:
At the option of the Company, the Company may extend the Term until
December 31, 1999 by providing the Parent with written notice of such
extension no later than June 15, 1999. If the Term is extended by the
Company pursuant to the preceding sentence, the Company may extend the
Term until December 31, 2000 by providing the Parent with written
notice of such extension no later than December 15, 1999.
Notwithstanding the foregoing, the Company may terminate this
Agreement at any time by providing the Parent with 30 days' prior
written notice of such termination.
2
IN WITNESS WHEREOF, the parties have caused this Amendment to be
executed by their respective officers as of the date first written above.
REPUBLIC INDUSTRIES, INC.
By: /s/ Xxxxx X. Xxxx
-----------------------------------
Name: Xxxxx X. Xxxx
----------------------------------
Title: Senior Vice President, Secretary
and General Counsel
--------------------------------
REPUBLIC SERVICES, INC.
By: /s/ Xxxxx X. Xxxxxxx
----------------------------------
Name: Xxxxx X. Xxxxxxx
--------------------------------
Title: Senior Vice President and
General Counsel
--------------------------------
2
