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B. The City of North Olmsted, Ohio agrees and binds itself to deliver weigh tickets to the City of North Royalton, Ohio identifying the wet ton weight of the North Olmsted Wastewater Treatment Plant biosolids in each biosolids container transported and delivered to the City of North Royalton, Ohio Sludge Composting Facility by the City of North Olmsted, Ohio. C. The City of North Royalton, Ohio agrees and binds itself to provide the City of North Olmsted, Ohio a monthly invoice and a billing summary by the fifth of each month for the total wet ton weight of the North Olmsted Wastewater Treatment Plant biosolids processed through the City of North Royalton, Ohio Sludge Composting Facility the previous month. D. The City of North Olmsted, Ohio agrees and binds itself to complete a review of each monthly City of North Royalton, Ohio invoice submitted to the City of North Olmsted, Ohio for the total wet ton weight of the North Olmsted Wastewater Treatment Plant biosolids processed through the City of North Royalton, Ohio Sludge Composting Facility within five (5) calendar days after receiving each monthly City of North Royalton, Ohio invoice. E. The City of North Olmsted, Ohio agrees and binds itself to pay the City of North Royalton. Ohio for the total wet ton weight of the North Olmsted Wastewater Treatment Plant biosolids processed through the City of North Royalton, Ohio Sludge Composting Facility within ten (10) calendar days after completing the review of each monthly City of North Royalton, Ohio invoice. The City of North Olmsted shall have the duty to appropriate sufficient funds each year that this Agreement is in effect to meet its obligations hereunder. F. If this Agreement is extended by mutual agreement of the parties past December 31, 2005, then, upon ninety (90) days advance written notice to the City of North Olmsted, and only with the authorization of its City Council, the City of North Royalton shall have the right to modify the cost per wet ton it charges to the City of North Olmsted for biosolids processed by its facility. Upon receiving such notice, the City of North Olmsted shall have the right to terminate this Agreement, or any extension of this Agreement, if the new cost charged is not acceptable. SECTION VI — MISCELLANEOUS A. This Agreement shall not be modified except in a duly authorized contract modification executed by both parties. B. This Agreement supersedes any and all agreements, both oral and written, between the parties with respect to the subject matter of this Agreement, and contains all of the covenants and agreements between the parties with respect to the subject matter. Each party acknowledges that no representations, inducements, promises, or agreements, written or oral, have been made by either party, or by anyone acting on behalf of either party, that are not embodied in this Agreement. C. The rights, duties and obligations created by this Agreement shall be governed, interpreted and construed in accordance with Ohio law. 5