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AMENDMENT TO LANDFILL GAS PURCHASE CONTRACT <br />This Amendment to Landfill Gas Purchase Contract ("Amendment") is <br />made this _ day of , 2006, by and between Elk River Landfill, Inc., a <br />Minnesota corporation with principal offices at 22460 Highway 169 NW, Elk <br />River, Minnesota 55330 ("Seller'), and Elk River Municipal Utilities, a municipal <br />utility corporation, with principal offices at ,Elk River, Minnesota 55330 <br />("Purchaser). <br />WITNESSETH <br />WHEREAS, the parties entered into a March 21, 2002 Landfill Gas <br />Purchase Contract ("Original Landfill Gas Purchase Contract") whereby Seller <br />agreed to sell and Purchaser agreed to buy the landfill gas generated from a <br />landfill owned and operated by Seller; <br />WHEREAS, at the time the parties entered into the Original Landfill Gas <br />Purchase Contract, Purchaser's facilities included three engine generator sets; <br />WHEREAS, Purchaser anticipates adding a fourth engine generator set <br />("New Generator") to its facilities; <br />WHEREAS, landfill gas is available from Seller's landfill to satisfy the <br />operating requirements of the New Generator; and <br />WHEREAS, the parties desire to amend the Original Landfill Gas <br />Purchase Contract as provided in this Amendment and agree that the following <br />terms and conditions continue the Original Landfill Gas Purchase Contract. <br />Purchaser's Facilities• Purchaser's Generating Facility. The <br />parties agree that the "Purchaser's Facilities" and the "Purchaser's Generating <br />Facility," as those terms are used in the Original Landfill Gas Purchase Contract, <br />are hereby amended to include the New Generator. <br />2. Landfill Gas. Seller represents and confirms that landfill gas is <br />available from its landfill to satisfy the operating requirements of the New <br />Generator. <br />3. Pricin .The pricing provisions contained in the Original Landfill <br />Gas Purchase Contract are revised to read as follows: <br />