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._ ._. . ...,?..«...« ._..ue......?,..._.......s....?..?.?. . ... .. . . .?.... . ... ` .,. ?s ...... .k. <br />r? <br />effect for the duration of this Interim Agreement. <br />SECTION IV - FORCE MAJEURE AND DISPUTES <br />A. Neither the City of North Olmsted, Ohio nor the City of North Royalton, Ohio shall <br />not be held responsible for failure to perform, due to events beyond the control of <br />either city. Such events may include Acts of God, fire, epidemics, earthquakes, <br />flood or other natural disasters, acts of the government (other than acts of the Cities <br />of North Olmsted and/or North Royalton), riots, strikes, war or civil disorders. <br />B. Any controversy or claim arising out of or relating to the provision of this Interim <br />Agreement, or the breach thereof, shall be settled by arbitration at the election of <br />either party in accordance with the Rules of the American Arbitration Association <br />of Cleveland, Ohio, and judgement upon the award rendered by the arbitrators may <br />be entered in any court having jurisdiction thereof. Under such arbitration, each <br />party shall be entitled to full discovery without need to resort to Chapter 2711 of the <br />Ohio Revised Code, or other statutory procedure. The arbitration shall be held in <br />Cuyahoga County, Ohio. Mediation of the claim shall be attempted prior to <br />arbitration. Demand for arbitration upon any claim of either party arismg under this <br />Agreement shall be made, if at all, no later than two years following the date upon <br />which the claim arises. <br />SECTION V- MONTHLY INVOICES AND MONTHI.,Y PAYMENTS <br />A. The City of North Olmsted, Ohio agrees and binds itself to pay to the City of North <br />Royalton, Ohio the consideration of Twenty-Six Dollars and Fifteen Cents ($26.15) <br />per wet ton of North Olmsted Wastewater Treatment Plant biosolids processed by <br />the City of North Royalton, Ohio through the City of North Royalton, Ohio Sludge <br />Composting Facility. The Crty of North Royalton agrees and binds itself to not <br />increase the per wet ton price charged to the City of North Olmsted for at least one <br />year from the effective date of this agreement. Effective date shall mean the date <br />agree to in the opening paragraph of this contract. <br />B. The City of North Olmsted, Ohio agrees and binds itself to deliver weigh tickets to <br />the City of North Royalton, Ohio identifying the wet ton weight of the North <br />Olmsted Wastewater Treatment Plant biosolids in each biosolids container <br />transported and delivered to the City of North Royalton, Ohio Sludge Composting <br />Facility by the City of North Olmsted, Ohio. <br />C. The City of North Royalton, Ohio agrees and binds itself to provide the City of <br />North Olmsted, Ohio a monthly invoice and a billing summary by the fifth of each <br />month for the total wet ton weight of the North Olmsted Wastewater Treatment <br />Plant biosolids processed through the City of North Royalton, Ohio Sludge <br />Composting Facility the previous month. <br />D. The City of North Olmsted, Ohio agrees and binds itself to complete a review of <br />each monthly City of North Royalton, Ohio invoice submitted to the City of North <br />Olmsted, Ohio for the total wet ton weight of the North Olmsted Wastewater <br />Trea.tment Plant biosolids processed through the City of North Royalton, Ohio <br />Sludge Composting Facility within five (5) calendar days after receiving each <br />monthly City of North Royalton, Ohio invoice. <br />4 <br />