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City and delivered to the Zion Crossroads Transfer Station. In the event that the <br />• City does not award a New City Curbside Contract in 2008 and continues under <br />its current contract with Waste Management, Inc., the parties agree that effective <br />July 1, 2008 (i) the City will continue to require that solid waste collected under <br />the existing contract be taken to the Zion Crossroads Transfer Station; and (ii) the <br />Authority shall not impose the service contribution fee on any such waste. In lieu <br />of payment of the service contribution fees as provided in this paragraph 3, the <br />City agrees to make certain payments to the Authority pursuant to paragraphs 4 <br />and 5 below. In addition, the City and County agree not to oppose any exercise <br />by the Authority of options to extend the terms of the Allied Waste Contract or <br />the Waste Management Contract. <br />4. Citv's and County's Proportional Funding of Authority's Service <br />Contribution Fee Revenues <br />Beginning in fiscal year 2008 and continuing during each fiscal year that this <br />paragraph 4 is in effect, the Authority shall determine the total amount of service <br />contribution fees billed for solid waste taken to the Ivy Transfer Station and the <br />Zion Crossroads Transfer Station, and the percentage of the total that is <br />attributable to waste generated within the City and the County and provide the <br />City and the County with such information. The parties acknowledge that there is <br />no means to guarantee the accuracy of those determinations, as they will be based <br />on the declarations of individual trash haulers as well as records maintained by <br />• the operator of the Zion Crossroads Transfer Station. If the percentage of service <br />contribution fees billed for solid waste generated within either the City or the <br />County is less than its proportionate share of the service area's population, as <br />calculated pursuant to paragraph 5 below, it shall contribute to the Authority or to <br />the other jurisdiction, on the date of the next quarterly deficit payment as provided <br />in paragraph 6 below, an amount which will cause its percentage share of the <br />service contribution fee to equal its proportionate percentage of the service area <br />population. Alternatively, the Authority, at its election, may refund to the other <br />jurisdiction the amount which is in excess of its share, or give such jurisdiction a <br />credit in such amount against any future obligation it may have to the Authority <br />pursuant to paragraph 5 of this Agreement. The provisions of this paragraph 4 <br />shall terminate upon the first to occur of (i) full implementation of the Authority's <br />strategic plan referenced in paragraph 8 below, or (ii) June 30, 2010. The <br />calculations to be made by the Authority and payments, refunds or credits to be <br />made or received by the City and County shall be done in a manner consistent <br />with the hypothetical example set forth on Exhibit 1 attached hereto. <br />5. Citv's and County's Proportional Funding of Authority's Proleeted Annual <br />Operating Deficit <br />If the Authority determines that despite any payment by either the City or the <br />County pursuant to paragraph 4 above and all reasonable efforts to fund the <br />operating expenses of the Authority that an operating deficit will exist, it shall <br />• prepare and adopt a budget, including reasonable reserves, balanced by using <br />4 <br />