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C. The City of North Olmsted agrees to complete a quarterly laboratory analysis of a composite sample prepared from discrete samples of the biosolids in each container transported to the City of North Royalton, Ohio Sludge Composting Facility for total recoverable dioxin scan and total recoverable polyvinyl chloride (PCB). D. The City of North Royalton, Ohio agrees to stabilize and then dispose of all North Olmsted Wastewater Treatment Plant biosolids accepted by the City of North Royalton, Ohio at the City of North Royalton, Ohio Sludge Composting Facility in accordance with the biosolids stabilization and disposal requirements placed on the City of North Royalton, Ohio by the Ohio Environmental Protection Agency in effect for the duration of this Agreement. E. The parties agree that the City of North Olmsted is under no obligation to utilize the North Royalton facility for the disposal of any of the biosolids from its Wastewater Treatment Plant during the term of this Agreement, and may, in its sole discretion, dispose of any or all of its biosolids at any other Ohio EPA approved facility during the term of this Agreement SECTION IV — FORCE MAJUERE AND DISPUTES A. Neither the City of North Olmsted, Ohio nor the City of North Royalton, Ohio shall not be held responsible for failure to perform, due to events beyond the control of either city. Such events may include Acts of God, fire, epidemics, earthquakes, flood or other natural disasters, acts of the government (other than acts of the Cities of North Olmsted and/or North Royalton), riots, strikes, war or civil disorders. B. Any controversy or claim arising out of or relating to the provision of this Interim Agreement, of the breach thereof, shall be settled by arbitration at the election of either party in accordance with the Rules of the American Arbitration Association of Cleveland, Ohio, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Under such arbitration each party shall be entitled to full discovery without need to resort to Chapter 2711 of the Ohio Revised Code, or other statutory procedure. The arbitration shall be held in Cuyahoga County, Ohio. Mediation of the claim shall be attempted prior to arbitration. Demand for arbitration upon any claim of either party arising under this Agreement shall be made, if at all, no later than two years following the date upon which the claim arises. SECTION V — MONTHLY INVOICES AND MONTHLY PAYMENTS A. The City of North Olmsted, Ohio agrees and binds itself to pay to the City of North Royalton, Ohio the consideration of Twenty -Eight Dollars and Twenty -Four Cents ($28.24) per wet ton of North Olmsted Wastewater Treatment Plant biosolids processed by the City of North Royalton, Ohio through the City of North Royalton, Ohio Sludge Composting Facility. The City of North Royalton agrees and binds itself to not increase the per wet ton price charged to the City of North Olmsted for at least one year from January 1, 2005. 4