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i' <br /> <br />forth in Chapter 915 ("User Charge System") and Chapter 917 ("Industrial <br />Pretreatment") of the Codified Ordinances of North Olmsted, copies of which <br />are attached hereto as Exhibits F and D, respectively. Fairview Park agrees <br />that it shall pay operation, maintenance, and replacement charges with respect <br />to the Joint Use Facilities and surcharges for treatment of Industrial Wastes, <br />which charges and surcharges shall be determined in accordance with the provi- <br />sions of this Agreement. No party, including North Olmsted, shall subsidize <br />the expenses of operating, maintaining or replacing the sanitary sewerage <br />collection facilities and wastewater treatment facilities of the North Olmsted <br />Sanitary Sewer System. <br />4.02 Charges for Operation, Maintenance and Replacement and Capital <br />Improvements. Fairview Park shall pay directly to North Olmsted (i) an annual <br />amount equal to the Service Area's share of the expenses of operating, main- <br />taining and replacing the Joint Use Facilities (the "OM&R Charge"), based on <br />the Service Area's aggregate wastewater flow and calculated in accordance with <br />subsection 4.04, and (ii) surcharges for the treatment of any Industrial <br />Wastes as provided in-subsection 2.07. Those amniintc Fnr -k <br />shall be payable to the Director of Finance of North Olmsted, in arrears, in <br />four instailments on April 1, July i and October 1 of that yeat and on <br />January 1 of the following year, with the quarterly amounts due with respect <br />to the OM&R Charge being estimated amounts calculated as set forth in sub- <br />section 4.05. On or before April 1 of each calendar year, North Olmsted shall <br />determine the amount of any overpayment or underpayment of the annuai OM&R <br />Charge for the preceding calendar year, using actual expenses of operating, <br />maintaining and replacing the Joint Use Facilities, the actual total System <br />wastewater fiow and the actual Service Area wastewater flow during the <br />- 13 -