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3.04 Operation of Joint Use Facilities. Consistent with and subject <br />to the provisions of the Operating Agreement and in consideration of the <br />payments by Fairview Park under that Agreement and this Capital Agreement, <br />North Olmsted will continue to operate the Joint Use Facilities and to receive <br />anti treat wastewater from tl~e Service Area during the term of this Capital <br />Agreement. <br />4.00 Miscellaneous. <br />4.01 Effective Date and Term. Tliis Capital Agreement shall take <br />effect as of January 1, 1991 and shall remain in effect until January 1, 2006, <br />unless and until it is earlier rescinded by action of both North Olmsted and <br />Fairview Park. <br />4.02 Frior Agreement. The Prior Agreement, as it relates to user <br />charges for prior capital improvements shall be superseded on the date of this <br />Capital Agreement. The Operating Agreement and this Capital Agreement, <br />togetl-er, supersede the Prior Agreement in its entirety; provided, however, <br />that the taking effect of the Operating Agreement and this Capital Agreement <br />shall be without prejudice to, and shall not alter, impair or otherwise <br />affect, any matters that are not the subject of the Operating Agreement and <br />this Capital Agreement or any actions heretofore taken pursuant to, or any <br />rights, obligations and duties accruing under, the Prior Agreement prior to <br />the date of the Operating Agreement and of this Capital Agreement, <br />respectively. <br />4.03 Appendix I. This Capital Agreement includes Appendix I hereto, <br />which is as fully a part of this Capital Agreement as if herein set forth in <br />writing, or, if not attached, as if attached. <br />- 7 - <br />