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County Acceptable Waste. Without the prior written approval of GRE, in no event <br /> shall the Hauler deliver waste to the Facility that originates from Ramsey, Scott, <br /> Dakota or Washington counties. <br /> C. Rejection of Deliveries. The Hauler may be denied entrance to the Facility by <br /> GRE if waste is delivered at any time other than the Facility's standard receiving <br /> hours or if the Hauler has not paid the Tipping Fee, or if GRE has a reasonable <br /> basis to believe that a vehicle contains Hazardous Waste or a significant amount <br /> of Unacceptable Waste. <br /> D. Tipping Fee. The Hauler shall pay to GRE the following tipping fee (the <br /> "Tipping Fee") for each ton of Acceptable Waste delivered by the Hauler to the <br /> Facility during the calendar year of the Term noted below. <br /> Calendar Year Tipping Fee ($/ton) <br /> Period <br /> 2010 $64 <br /> 2011 $68 <br /> 2012 $72 <br /> 2013 $72 <br /> 2014 $78 <br /> 2015 $84 <br /> Previous calendar year <br /> Each calendar year Tipping Fee+annual CPI <br /> thereafter adjustment. <br /> Notwithstanding the foregoing, the Tipping Fee shall be no higher than the <br /> tipping fee charged to the Other County Haulers who deliver to the Facility during <br /> the same calendar year of the Term. If a tipping fee lower than that indicated <br /> above is offered to any Other County Hauler during the same calendar year of the <br /> Term, the Hauler's Tipping Fee under this Agreement will be adjusted to reflect <br /> the lower tipping fee for the applicable portion of the calendar year that the lower <br /> tipping fee was in effect. <br /> Notwithstanding the foregoing, in the event (i) Other County Haulers fail to <br /> deliver their respective contracted tonnage under their respective waste delivery <br /> agreements with GRE, or (ii) a new technology (not currently available) becomes <br /> available to the marketplace at a materially lower cost and the Hauler can <br /> reasonably demonstrate to GRE that Hauler is suffering a material loss of <br /> customer-driven revenue due to a resulting lower disposal cost (including costs <br /> for transportation and tipping fees) applicable to the Other County Haulers, the <br /> parties agree to negotiate in good faith to adjust the Tipping Fee to an amount that <br /> fairly reflects the circumstances at the time. <br /> - 5 - <br />