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SOLID WASTE DISPOSAL AGREEMENT THIS SOLID WASTE DISPOSAL AGREEMENT is made and entered into as of the 13th day of October , 1997 by and between RIVERBEND LANDFILL, INC., an Oregon corporation and whoily-owned subsidiary of USA Waste Services, Inc. ("Company"), and MARION COUNTY ("Customer"). WHEREAS, Company owns and operates a solid waste disposal facility in Yamhill County, Oregon (the "Facility") which holds all required permits and complies with the requirements of all applicable governmental agencies, laws and regulations, and WHEREAS, Customer is a generator and/or hauler of solid and/or semi-solid putrescible and/or non-putrescible wastes ("Solid Waste") and requires that a facility that complies with all applicable governmental agencies, laws and regulations be available to Customer for the disposal of Solid Waste, NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, Company and Customer hereby agree as follows: 1. Description of Waste. A description of the type(s) and total volume of Solid Waste Customer shall deliver to the Facility for disposal during the term of this Agreement is set forth on Appendix A attached hereto. Provided the Solid Waste conforms to the description set forth in Appendix A and is not "Unacceptable Waste" as defined in paragraph 5 below, Company shall accept the Solid Waste for disposal at the Facility during the term of this Agreement. 2. Term and Termination. The term of this Agreement shall commence on the date first above written and shall continue until the total volume of Solid Waste set forth in Appendix A hereto is delivered by Customer to the Facility, unless earlier terminated as provided herein. This Agreement may be terminated by either party if the other party fails to perform any material obligation hereunder and does not commence actions to cure such default within 30 days of the default and/or diligently pu~sue such cure to completion with a reasonable period thereafter, provided, that this Agreement may be terminated for failure to pay any amount due hereunder if the defaulting party fails to cure such default within 10 days of receipt of notice thereof. 3. Tippinq Fee(s). Subject to the adjustments set forth in paragraph 6 on the reverse side hereof, Customer shall pay for disposal of the type(s) of Solid Waste delivered to the Facility the tipping fee(s) set forth on the Rate Schedule attached hereto as Appendix B. In addition to any other adjustments pursuant to paragraph 6, the tipping fee(s) set forth on Appendix B hereto shall be automatically adjusted on July 1 of each year in an amount equal to .85 times the Consumer Price Index for All Urban Consumers for West-A. Company shall notify Customer of the new tipping fees, as adjusted by the CPI, no later than May 1 each year. 4. Payment. Company shall weigh all of Customer's vehicles delivering Solid Waste to the Facility to determine the number of tons of Solid Waste disposed of by Customer. On or before the 10th day of each month, Company shall submit an invoice to Customer showing the types and number of tons of Solid Waste disposed of at the Facility in the preceding month and the amount of tipping fees due therefor. Customer shall pay Company the full amount of the invoice within twenty (20) days after the date of such invoice. Late payments shall be subject to a fee of one and one-half percent (1'h%) of the invoice amount. 5. Inspection Reiection of Waste. Company may inspect the Solid Waste and reject Unacceptable Waste. If following acceptance of the Solid Waste, the Solid Waste is found to be or contain Unacceptable Waste, in whole or in part, Company may revoke its acceptance of all such Solid Waste. Revocation of acceptance by Company shall operate to re-vest all incidents of ownership in Customer at the time revocation is communicated in writing. "Unacceptable Waste" shall mean Solid Waste that: (a) is not in conformance with the description of the Solid Waste set forth in Appendix A hereto; (b) is or contains "hazardous waste" as defined in ORS 466.005(7) and/or is required to be accompanied by a written manif~st or shipping document describing the waste as "hazardous waste" or "dangerous waste" pursuant to any state or federal law; (c) is prohibited from being received or disposed of at the Facility by state, federal or local law, regulation, rule, code, ordinance, order, permit or permit condition; or (d) Company reasonably believes would, upon disposal, be a violation of local, state or federal law or regulation or in Company's opinion would present a significant risk to human health or the environment or create or expose Company or Customer to potential liability. Customer shall remove Unacceptable Waste, at its sole cost and expense, from the possession of Company within 7 days after notice of revocation of acceptance. I HAVE READ AND AGREE TO THE TERMS, CONDITIONS, AND AGREEMENTS SET FORTH ABOVE, AS WELL AS THOSE SET FORTH ON THE REVERSE SIDE HEREOF WHICH ARE INCORPORATED HEREIN. RIVERBEND LANDFILL Authorized Signature Name: SC~~ ~ . V ~' ,t`~ Title: ~~~1r51a~ ~A~M+d~~l rrl.qr. MARION COUNTY Authorized Si nature Name: 12~ GGi2 % /S" _ Title: ,~,,, -. ~[~i~n.. A r ved as tn form .. ~b ~- q unty Contracts Coordinator Marion County Legal Counsel ~ = ~-1L~=_ ~~~-~~s.r---- Approved as to form