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AMENDMENT TO SERVICE AGREEMENT <br />This Amendment to Service Agreement ("Amendment") is made this <br />day of , 2006, by and between Elk River Municipal Utilities, a <br />municipal utility corporation, with principal offices at ,Elk River, <br />Minnesota 55330 ("OWNER"), and Elk River Landfill, Inc., a Minnesota <br />corporation, with principal offices at 22460 Highway 169, NW, Elk River, <br />Minneoota 55330 ("CONTRACTOR"). <br />WITNESSETH <br />WHEREAS, OWNER owns an electric generating facility fueled by landfill <br />gas (the "Facility") located adjacent to the Elk River Landfill which is owned and <br />operated by CONTRACTOR; <br />WHEREAS, the parties entered into a March 21, 2002 Service Agreement <br />("Original Service Agreement") whereby OWNER hires and contracts with <br />CONTRACTOR to maintain and service the Facility for OWNER; <br />WHEREAS, at the time the parties entered into the Original Service <br />Agreement, the Facility had three engine generator sets ("Original Generators"); <br />WHEREAS, OWNER anticipates adding a fourth engine generator set <br />("New Generator") at the Facility; <br />WHEREAS, OWNER desires that CONTRACTOR maintain and service <br />the New Generator, as well as the Original Generators, and CONTRACTOR <br />agrees to provide said maintenance and service; and <br />WHEREAS, the parties desire to amend the Original Service Agreement <br />as provided in this Amendment and agree that the following terms and conditions <br />continue the above-referenced Original Service Agreement. <br />1. New Generator. The parties agree that the Facility, as that term is <br />used in the Original Service Agreement, is hereby amended to include the New <br />Generator. <br />2. Maintenance Services. In exchange for OWNER providing the <br />compensation set forth in section 3, below, CONTRACTOR agrees to provide <br />1 <br />