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NEO SO . <br />3. NEOISO Program Commitments - NEOISO's Members' and Participants' collective <br />commitment for the Products is 106,414 tons (cumulative) for the following communities or <br />organizations: <br />Bainbrialge Township <br />Vi'llage of Benfleyvil/e <br />City of C/eve/and Heights <br />City of High/and Heights <br />City of Maple Heights <br />Vi'llage of Oakwood Vi'llage <br />City of Pepper Pike <br />City of Ravenna <br />City of Twinsburg <br />City of Bedford <br />City of Berea <br />City of East Cleveland <br />City of Lyndhurst <br />Vi'llage of Maytield Village <br />City of Orrville <br />City of Richmond Heights <br />City of South Euclid <br />City of University Heights <br />City of Bedford Heights <br />Boston Township ? <br />C/eve/and Metro-Park District <br />City of Macedbnia t:? <br />Village of Moreland Hil/s <br />City of Parma Heights <br />Sheffi'e/d Lake <br />Vil/age of Spencer Vi'llage <br />Village of Walton Hil/s <br />NEOISO may add additional Participants under this Agreement and additional tonnage of the <br />Products to this Agreement through August 1, 2007, under the same terms and conditions. The <br />Members' and Participants' cumulative purchases of the Products under fhis Agreement will be <br />within a commitment range of 65% -135% (e.g,, The combined purchases of the Products will be <br />at least 65% of the final commitment tonnage, but not more than 135% of the final commitment <br />tonnage). Based upon the cumulafnre commitment of 106,414 tons, the Members' and <br />Participants' cumulative purchases of the Products under this Agreement must be at least 69,169 <br />tons, but shall not exceed 143,659 tons. <br />4. Services / Values - NORTH AMERICAN's offering of the'Products to Members and Participants <br />in connection with this offering will include the following seroices and will be provided in <br />accordance with the following: <br />• Delivery Terms and Liquidated Damages - Orders will be delivered as follows: <br />Orders of 200 tons or less for a Member or Participant will be delivered within three <br />(3) days of the order date or the scheduled delivery date, whichever is later. <br />Liquidated damages will be assessed beginning day four (4) after the order date (or <br />one (1) day after the scheduled delivery.date, if later than the order date) and will be <br />calculated as the additional cost incurred by the Member or Participant for <br />replacement of the late Product. <br />Orders of 201 to 499 tons for a Member or Participant will be delivered within four (4) <br />days of the order date or the scheduled delivery date, whichever is later. Liquidated <br />damages will be assessed beginning day five (5) after the order date (or one (1) day <br />after the scheduled delivery date, if later than the order date) and will be calculated <br />as the additional cost incurred by the Member or Participa&t for replacement of the <br />late Product. <br />Orders of 500 tons or more for a Member or Participant #ill be delivered within five <br />(5) days of the order date or the scheduled deliverydate, whichever is later. <br />Liquidated damages will be assessed beginning day six (6) after the order date (or <br />one (1) day after the scheduled delivery date, if later than the order date) and will be <br />calculated as the additional cost incurred by the Member or Participant for <br />replacement of the late Product. 2 <br /> <br />Nordieast Ohio Sourcing Office 4829 Galaxy Pazkway Suire A p 1216.839.1500 ? <br />-A,ww.neoso.org Cleveland, OH 44128 f 1216.503.4247 (? <br />?;.