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payments are due annually on the day and month that this Agreement takes effect (2019, 2020, <br /> 2021, 2022, 2023). <br /> B. Leachate Treatment Fees. <br /> 1. Leachate Treatment Rate. Elle River Landfill shall pay for the City's treatment of <br /> leachate at the Plant. The initial Leachate Treatment Rate shall be $0.013 per <br /> gallon. This rate will increase annually, on the anniversary date of this <br /> Agreement, by three percent (3%) (rounded to the nearest 0.000). <br /> 2. Leachate Treatment Rate Adjustments. Beginning on the fifth (5th) anniversary of <br /> this Agreement, and on every fifth (5th) anniversary thereafter, City shall have the <br /> right, in its sole discretion, to adjust the Leachate Treatment Rate to reflect <br /> changes in the City's MPCA NPDES Permit for the Plant, changes in the <br /> composition of the leachate, or any other factor which impacts the City's cost to <br /> treat the leachate. The three percent (3%) annual increase shall then be applied to <br /> the adjusted Leachate Treatment Rate. <br /> 3. Notice. Prior to increasing the Leachate Treatment Rate, City shall provide ninety <br /> (90) days' advance written notice to Elle River Landfill of the proposed increase <br /> and shall provide Elle River Landfill the opportunity to meet with City to discuss <br /> the factors which require the proposed increase. <br /> 4. Payment. Wastewater user charges shall be payable within sixty (60) days after <br /> receipt of the City's charge bill to Elle River Landfill. Failure by Elle River <br /> Landfill to pay charges when due shall authorize City to discontinue, upon five <br /> (5) business days' written notice to Elle River Landfill, accepting leachate at the <br /> WWTP until such time as Elle River Landfill pays the City the past due charges. <br /> ARTICLE V. TERM OF AGREEMENT <br /> A. Initial Term. The responsibilities defined in this Agreement shall be effective on <br /> the date that Elle River Landfill begins discharging wastewater into the City's wastewater system <br /> though a pipeline, and this Agreement shall remain in effect for twenty (20) years from that date. <br /> B. Renewal Terms. This Agreement shall automatically renew for additional twenty <br /> (20) year terms upon the expiration of the initial term, unless either party notifies the other in <br /> writing, at least six (6) months prior to the expiration of the initial or any renewal term, that it <br /> will not be renewing this Agreement. <br /> s <br /> 34899386.2 10/04/2019 <br />