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total rate adjustment is rounded to the nearest hundredth of a percent and in any given year shall not exceed three percent (+/- 3.0%) of the previous rate. Annual Rate Adjustment may be positive or negative and is subject to the approval of the County Administrator or his designee. In no event shall the rate be decreased from the original contract rate due to changes in the Consumer Price Index. 4.5 [Intentionally Deleted] 4.6 Procedure if Payment Delay. If the District fails to make payments in accordance with the terms of the Agreement or to comply with any provisions hereunder, the Company will communicate the issue in writing to the District while making reasonable efforts to continue to operate the Facility. 4.7 Firm Commitment. The District shall not take any action during the Term to modify or limit the District's ability to satisfy its payment obligations hereunder including, without limitation, limiting the availability of budgeted funds due to the Company under this Agreement. Nothing herein shall be deemed to be an obligation or debt of the District payable from ad valorem taxes. Nor shall any obligation under this Agreement be deemed a direct or indirect pledge of District's property, credit or general taxing power. ARTICLE 5 - TERM; CHANGES 5.1 The Term. (a) The operational term of the Agreement shall be twenty (20) years from the Commercial Operation Date of the Evaporation Plant (the "Operating Term"). b) The "Term" of the Agreement shall be the period commencing upon the Effective Date and ending upon the expiry of the Operating Term, unless the Agreement is earlier terminated in accordance with its terms. (c) At the expiry of the Term (not caused by an Event of Default), the ownership of and risk of loss for the Evaporation Plant and all related Heartland ConcentratorTM System equipment shall be transferred to the District for a nominal fee of $1, at which time the District may choose to continue operating the Facility directly. 5.2 Changes in Work. If either Parry finds it necessary to make a change in the scope of the obligations of the Parties under the Agreement and or the Services to be provided thereunder, such Parry shall timely notify the other Party in writing stating the reason for requesting such change and proposing with particulars any changes to pricing, schedule or terms or conditions of the Agreement as they may deem applicable (a "Amendment to the Agreement") Any amendment to the agreement will require approval of both the Company and the County Government. Page 12 of 32