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BK:00027 PG:0320 <br />three dollars and fifty cents ($3.50) per ton. Duke shall provide written notice to Lee County <br />when Duke has placed 2,666,666 tons of Coal Ash at the Site_ <br />c. Rate Adiustment To the extent that DEP or DEC enters into an agreement with <br />any other North Carolina municipality or county for a similar mine reclamation structural fill <br />project, and such agreement provides for a payment rate for the placement of Coal Ash that is <br />more favorable, considering all of the relevant circumstances, than the rate provided for in this <br />Agreement, then Duke agrees to negotiate with Lee County in good faith to amend the terms of <br />this Agreement to provide Lee County equivalent benefits. The rate adjustment provisions of <br />this paragraph 3(c) shall terminate when Coal Ash placement at the Site has been completed by <br />Duke. If negotiations are unsuccessful, the Parties will participate in a mediated settlement <br />conference with a North Carolina certified mediator or a mutually agreeable neutral third party <br />within sixty (60) days of a written mediation request. The costs of the mediated settlement <br />conference will be equally divided between the Parties. Neither Party may file a lawsuit related <br />to the rate adjustment discussed in this paragraph 3.c. unless and until the mediation is declared <br />an impasse. The Parties agree that all statutes of limitation and repose will be tolled upon service <br />of a written mediation request and will remain tolled until sixty (60) days after the mediated <br />settlement conference. <br />4. Access to Coal Ash Delivery Records Duke will maintain all records related to <br />Coal Ash placed at the Site to the extent required of Duke by federal or state law, including <br />without limitation applicable Environmental Laws. Lee County may, upon reasonable notice and <br />no more than monthly, review at reasonable times business records maintained by Duke sufficient <br />to determine the dates of delivery and quantities of Coal Ash placed at the Site. Any such review <br />will be conducted in a manner designed to minimize any adverse impact on Duke's normal <br />business operations and reviewing personnel of Lee County will comply with any reasonable <br />standard safety and security procedures of Duke in conducting any such review. <br />5. Site Restrictions Duke agrees that it will not place Coal Ash at the Site that was <br />the by- product of generating electricity at a facility located outside of North Carolina. The Coal <br />Ash placed at the Site by or on behalf of Duke will be of types consistent with "Coal combustion <br />products" as such term is defined under the CAMA. Duke further agrees that the Site will be the <br />only site used by Duke for coal ash storage in Lee County. <br />6. Notice of Permit Violations If Duke receives any written notice of violation or <br />notice of enforcement action from the North Carolina Department of Environment and Natural <br />Resources or other governmental authority having jurisdiction that Duke or Charah is in violation <br />of any permit issued to Duke or Charah pertaining to placement of Coal Ash at the Site, Duke <br />shall provide written notice to Lee County of such violation or enforcement action within ten <br />(10) business days of Duke's receipt thereof. <br />7. Sampling Prior to the first placement of Coal Ash at the Site, Duke shall request <br />that Charah notify Lee County of the sampling and testing protocols utilized for the Site for <br />compliance with applicable Environmental Laws. Duke shall provide or cause Charah to provide <br />Lee County with periodic reports, but not more than semi - annually, confirming that such <br />sampling and testing protocols are being followed or amended, as the case may be. Duke, Charah <br />Page 3 of 10 <br />