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SECTION 2. Article 3.3 - The District's Responsibilities and Obligations of the Wastewater Agreement is <br />amended to add 3.3 (h): <br />"(h) The District will be responsible for (i) designing, purchasing and installing the LFG pipe <br />header from the LFG collection system to the Heartland Concentrator"' System at required <br />pressure and flow (as stipulated in Article 3.3 (f) of the Wastewater Agreement), including <br />modifications to LFG blowers, controls,...etc.; (ii) connecting the LFG supply line from the <br />discharge of the blower system, trenching, and installation of the LFG Piping to the <br />Heartland Concentrator"' System; and (iii) all de -watering requirements of this LFG piping <br />(including knock -out pots). Scheduling Impact: While IRSC's related activity is not expected <br />to have any scheduling impact, overall startup of the Heartland Concentrator"' System <br />(running on LFG) will be dependent on the District's ability to have the LFG Piping installed <br />to meet IRSC's schedule." <br />SECTION 3. Article 3.1 — Division of Responsibilities of the Wastewater Agreement and its associated <br />attachment (Appendix C — Part 2) is hereby deleted and replaced with the following: <br />"3.1 Division of Responsibilities. A detailed Revised DOR is attached to this Agreement as <br />Appendix C — Part 2. " <br />SECTION 4. The duplicate numbering of Article 4.2 in the Wastewater Agreement is hereby changed to <br />"Article 4.3 Payment and Most Favorable Pricing Mechanism" and subsequently the next <br />sequential article is changed to "Article 4.4 Escalation Mechanism". No other changes <br />beside this numbering change is required. <br />SECTION S. A new Article 5.2 (a) is hereby added to the Wastewater Agreement. <br />"5.2 (a) The price adjustment for the scope shift identified in Article 3.2 (f) and Article 3.3 (h) results <br />in a credit being issued to the District which credit will not to exceed $240,000 (the "Credit"). <br />The final amount of the Credit will be determined based on the actual cost incurred by the <br />District to complete the Section 2 changes. In the event the actual cost is less than $240,000 <br />in the aggregate, the Credit will be reduced to the actual cost of the Section 2 changes; if <br />the actual cost of the Section 2 changes exceeds $240,000, the Credit will be $240,000 (such <br />final amount of the Credit to be referred to herein as the "Total Credit"). <br />The Total Credit will be applied by IRSC starting with the first Monthly Service Fee due after <br />the plant is commissioned as follows: each month, IRSC would reduce the Monthly Service <br />Fee by 1/6th of the Total Credit amount until the Total Credit has been fully applied, after <br />which the Monthly Service Fee will revert to the amount contemplated in the Wastewater <br />Treatment Agreement. <br />SECTION 6. Appendix C- part 2 attached to the Wastewater Treatment Agreement is replaced with the <br />Revised Appendix C _ Part 2, attached to this Amendment. <br />[EXECUTIONS CONTINUED ON FOLLOWING PAGE] <br />Page 2 of 4 <br />