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C. Termination by Elk River Landfill. Notwithstanding Sections V(A) and (B) <br /> above, Elk River Landfill may terminate this Agreement at any time, upon not less than six (6) <br /> months' advance written notice, if necessary to effectuate the sale of Elk River Landfill or a <br /> controlling interest in Elk River Landfill. <br /> D. Termination by City. Notwithstanding Sections V(A) and (B) above, City may <br /> terminate this Agreement at any time, upon not less than six (6) months' advance written notice, <br /> if the City determines, in its sole discretion, that it is no longer able to treat leachate at the Plant <br /> due to unexpected changes in the composition of the leachate, unexpected impacts of the <br /> leachate on the Plant, new limitations on the discharge from the Plant as set forth in a renewal of <br /> the City's NPDES permit for the Plant, other changes in governmental regulation, or any other <br /> factor. City and Elk River Landfill shall meet periodically to discuss issues related to the <br /> physical equipment and operation of the Plant and the Plant's ability to accept leachate. <br /> E. Reimbursement Upon Termination. If this Agreement is terminated by City <br /> pursuant to Section V(D) above within the initial Term, City shall reimburse Elk River Landfill <br /> for a portion of the costs of installing the Leachate Conveyance System described in the Utility <br /> Installation Agreement entered into between the parties, as follows: <br /> 1. If this Agreement is terminated by City within five (5)years of the date that Elk <br /> River Landfill begins discharging wastewater into the City's wastewater system, City <br /> shall reimburse Elk River Landfill in the amount of$2,000,000. <br /> 2. If this Agreement is terminated by City between five (5) and ten (10) years after <br /> the date that Elk River Landfill begins discharging wastewater into the City's wastewater <br /> system, City shall reimburse Elk River Landfill into amount of$1,500,000. <br /> 3. If this Agreement is terminated by City between ten (10) and fifteen (15) years <br /> after the date that Elk River Landfill begins discharging wastewater into the City's <br /> wastewater system, City shall reimburse Elk River Landfill in the amount of$1,000,000. <br /> 4. If this Agreement is terminated by City after this Agreement has been in effect for <br /> fifteen (15) years, and before the expiration of the initial Term set forth in Section V(A) <br /> above, City shall reimburse Elk River Landfill in the amount of$500,000. <br /> 5. Reimbursement payments pursuant to this Section V(E), if any, shall by payable <br /> over a five-year term which carries a four percent (4%) annual interest rate on the unpaid <br /> balance. The first payment shall be made on the effective date of the termination and the <br /> remaining payments shall be made annually thereafter. <br /> 9 <br /> 34899386.2 10/04/2019 <br />