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County Acceptable Waste. Without the prior written approval of GRE, in no event <br />shall the Hauler deliver waste to the Facility that originates from Ramsey, Scott, <br />Dakota or Washington counties. <br />C. Rejection of Deliveries. The Hauler may be denied entrance to the Facility by <br />GRE if waste is delivered at any time other than the Facility's standard receiving <br />hours or if the Hauler has not paid the Tipping Fee, or if GRE has a reasonable <br />basis to believe that a vehicle contains Hazardous Waste or a significant amount <br />of Unacceptable Waste. <br />D. Tipping Fee. The Hauler shall pay to GRE the following tipping fee (the <br />"Tipping Fee") for each ton of Acceptable Waste delivered by the Hauler to the <br />Facility during the calendar year of the Term noted below. <br />Calendar Year Tipping Fee ($/ton) <br />Period <br />2010 $64 <br />2011 $68 <br />2012 $72 <br />2013 $72 <br />2014 $78 <br />2015 $84 <br />Previous calendar year <br />Each calendar year Tipping Fee + annual CPI <br />thereafter adjustment. <br />Notwithstanding the foregoing, the Tipping Fee shall be no higher than the <br />tipping fee charged to the Other County Haulers who deliver to the Facility during <br />the same calendar year of the Term. If a tipping fee lower than that indicated <br />above is offered to any Other County Hauler during the same calendar year of the <br />Term, the Hauler's Tipping Fee under this Agreement will be adjusted to reflect <br />the lower tipping fee for the applicable portion of the calendar year that the lower <br />tipping fee was in effect. <br />Notwithstanding the foregoing, in the event (i) Other County Haulers fail to <br />deliver their respective contracted tonnage under their respective waste delivery <br />agreements with GRE, or (ii) a new technology (not currently available) becomes <br />available to the marketplace at a materially lower cost and the Hauler can <br />reasonably demonstrate to GRE that Hauler is suffering a material loss of <br />customer-driven revenue due to a resulting lower disposal cost (including costs <br />for transportation and tipping fees) applicable to the Other County Haulers, the <br />parties agree to negotiate in good faith to adjust the Tipping Fee to an amount that <br />fairly reflects the circumstances at the time. <br />-5- <br />