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ARTICLE VI. MISCELLANEOUS PROVISIONS <br /> A. The City will keep books, records and accounts in which complete entries shall be <br /> made available of all transactions and costs relating to the City's Sewerage System. The books, <br /> records and accounts shall at all reasonable times be subject to inspection and copying by any <br /> party to this Agreement. Elk River Landfill may from time to time review such books and <br /> records. The City shall also provide to Elk River Landfill such information regarding the design <br /> or other technical information regarding the City Treatment Plant and its Sewerage System as <br /> Elk River Landfill may request from time to time. <br /> B. The City and Elk River Landfill warrant that each has right, title and authority to <br /> enter into this Agreement and to perform each and every term, covenant and condition in it. <br /> C. The City and Elk River Landfill agree that this Agreement, together with the <br /> Utility Installation Agreement and the License Agreement entered into by the parties on this <br /> date, and the exhibits attached to each, embody the entire understanding between the parties and <br /> supersede all prior understandings and agreements related to the subject matter and that no prior <br /> or contemporaneous oral or written understandings of the parties shall be applicable hereto <br /> except as specifically set forth herein. Nothing in this Agreement shall prohibit the City from <br /> adopting and enforcing ordinances rules or regulations providing for pretreatment of Sewage, <br /> exclusion of Sewage, or the establishing of sewerage user charges periodically, provided that no <br /> such action shall affect Elk River Landfill's rights hereunder. <br /> D. Except as otherwise expressly provided herein, this Agreement may not be <br /> amended, changed or modified unless the amendment, change or modification is in writing and <br /> signed by both parties. <br /> E. All notices, requests, demands and other communications hereunder shall be in <br /> writing and shall be deemed to have been given if and when delivered or mailed, postage <br /> prepaid, by certified or registered mail, to: <br /> (1) City of Elk River <br /> Attn: Chief Wastewater Operator <br /> 13065 Orono Parkway Northwest <br /> Elk River, MN 55330 <br /> (2) Elk River Landfill <br /> Attn: Michael Miller <br /> 22460 Hwy 169 Northwest <br /> Elk River, MN 55330 <br /> 10 <br /> 34899386.2 10/04/2019 <br />