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<br />7.3 Adiustments to Rates and Chare:es. S1. Vrain and Tri-Area agree tbat the <br />duration of this Agreement is such that lbe passage of time will require changes in the rates and <br />cl:arges to be made for total wastewater service provided hereunder. St. Vrain may modify the <br />schedule of rates for wastewater service h:::reunder from time-to-time in its discretion; provided. <br />however. that at no time shaH the rates im:Josed by Sl. Vrain upon Tri-Area's customers exceed <br />81. Vrain's in-district wastewater service rates by more than 20010. Tap fees imposed upon Tri- <br />Area residents by S1. Vrain shall at aH times remain the same as and no greater than the tap fees <br />imposed by St. Vrain for its in-district users. <br /> <br />SECTION 8 <br />TER'\1 AND TERMINATION <br /> <br />8.1 I!:!:m: Unless sooner terminated because of a material breach by one of the <br />Parties hereto, this Agreement shall be perpetual aud shall remain in effect until terminated by <br />mutual agreement of the Parties hereto. In the event St. Vrain is consolidated or dissolved into <br />another entity, the Pa..-ties agree to work cooperatively in good faith to ensure that sewer service <br />to Tri-Area continues and is not interrupted. <br /> <br />8.2 Termination Upon Dissolution. Notwithstanding any other provision contained <br />in t.~is Agreement to the contrary) those provisiollS contained herein relating to Operations <br />Services (Section 4) and total wastewater service (Sections 6 and 7) shall terminate and be of no <br />further force and effect in the event Tn-Area is dissolved effe-etive January 1) 2008. <br /> <br />8.3 Remedies. 1'1 addition to any olber remedy provided herein, this Agreement shall <br />be specifically enforceable by the Parties. <br /> <br />SECTION 9 <br />RESOLUTION OF DISPUTES <br /> <br />9.1 Arbitration. If any dispute arises concerning any right or obligation under this <br />Agreement, including any issue with respect to St Vrain rates or tap fees, each Party shall select <br />an independent engineer, rate expert, accountant, or other person knowledgeable on the subject <br />matter of the disputed issue. The two persons shall name a third person and the three arbiters so <br />selected shall detennine the unresolved issues between the Parties. The judgment or findings of <br />a majority ofthe arbiters shall be binding upon the Parties. <br /> <br />9.2 Status Ouo to be Maintained Durine: Arbitration. During any period of <br />arbitration, iri-Area shall continue to meet its financial and other obligations to St Vrain in <br />accordance with the provisions ofthis Agreement, and St. Vrain shall continue to accept and <br />treat Tri-Area's wastewater. Failure on the part of either Party to select So"l arbiter or to <br />pal1icipate in the foregoing a..-bitration process shall result in the resolution of any disputed issue <br />being against the Party who fails to participate. Each Party shall bear the cost and expenses <br />incurred in applying its arbiter and the Parties shall divide the cost of the third arbiter selected as <br />provided above. Tne final decision or resolution made by the panel of arbiters as provided above <br />shall be deemed effective on the date the arbitration provisions ofthis Agreement were deployed. <br /> <br />9 <br />