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daily but if there is a need for off hour's access, the Company will adhere to all District site access protocols. The Parties agree that the cost of the easement to the Company will be_ de minimis. The Evaporation Site shall at all times remain the property of the District which shall also be solely responsible for any environmental conditions which exist on the Evaporation Site at any time during the Term. Prior to the start of the Operating Term, the Parties will agree on a reasonable process for ensuring that the persons having access to the Facility are properly credentialed. (e) Commencing at the time the Evaporation Plant is started up and commissioned through the end of the Term, the District will purchase Wastewater treatment services from the Company as more fully described in this Agreement and pay the Company for its Services hereunder based on volumes of Wastewater being treated as more fully described in Article 4 of this Agreement. (f) During the Operating Term, the District will be responsible for the following as more fully described in the DOR: (i) supplying to the Evaporation Plant (a) Wastewater for treatment that is substantially similar to the Wastewater chemistry described on the attached Appendix E which will be stored in the District Storage Tank, (b) natural gas and/or LFG in sufficient quantities and quality for the Company to treat the Wastewater as contemplated below, (c) electricity required to support operation of the Facility as contemplated below, (d) service water required to support operation of the Evaporation Plant; and (ii) removing all Processed Residual from the Facility on a reasonable schedule to be agreed to by the Parties in order to ensure smooth operation of the Facility. The District shall also be required to supply (a) -(d), above, as directed by the Company, at times and in the quantities required and agreed in advance, prior to COD to allow the Company and/or any required Company Parties during the Start-up Phase. Specifically, the District shall provide the following utilities necessary for the operations of the Facility: • LFG: Up to 579 scfin @ 45% CH4 • Natural Gas: Up to 249 scfin • Electricity: 78 kW Draw, 1,800 kWh/day • Service Water: 30 gallons per minute at 30 pounds per square inch (g) The District shall have title to and risk of loss for the District Assets at all times during the Term of this Agreement. ARTICLE 4 PRICING FOR THE SERVICES 4.1 Initial Set-up Fee. Within thirty (30) days of the Effective Date, the District shall pay an initial, non -reimbursable fee of $300,000 to the Company which will be used by the Company to fund initial activities to build the Evaporation Plant (the "Initial Set-up Fee"). The initial tasks to be conducted by the Company using the Initial Set up Fee will include those listed on Appendix C- Part 1. Page 9 of 32