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<br />SECTION 5 - RATES, CHARGES AND BILLING. <br /> <br />AMP-OHIO CONTRACT NO. C-2-2006-4967 <br />Execution Copy <br /> <br />(A) Developmental costs incurred pursuant to this Agreement shall be charged to Municipality in <br />proportion to Municipality's Developmental Subscription of the HYDROMA TRIX Projects to the total <br />of all Developmental Subscriptions. Such charges shall be invoiced monthly as incurred by AMP-Ohio. <br />The Municipality shall pay the invoiced amounts no later than the due date shown on the invoice. The <br />amounts due shall be considered paid when actually received by AMP-Ohio during normal business <br />hours, or deposited in AMP-Ohio's account and available for AMP-Ohio's use. Amounts not paid on <br />time or before the due date shall be payable with interest accrued at the lesser of: (i) the then current <br />prime interest rate per annum of Citibank, N.A., or its successor, prorated by days from the due date to <br />the date of payment; or (ii) the maximum rate that is authorized by law. The Municipality may elect to <br />pay a monthly levelized, estimated cost, with periodic trueups to actual, by so indicating in the execution <br />block of this Agreement. <br />(B) Municipality understands that the scale of HYDROMATRIX Projects and number of <br />participating jurisdictions are not currently determinable. AMP-Ohio has projected it may incur <br />approximately $1,000,000.00 in pre-development costs (including AMP-Ohio's previously <br />incurred costs related thereto) on generation facilities ranging from 30,000 to 115,000 kW of <br />output that will be proportionately shared by project participants. The parameters of the <br />HYDROMATRIX project for Municipality are shown in the following table: <br /> <br /> HYDROMA TRIX Generation output 30,000 kW to 115,000 kW <br /> Municipality's maximum or "up to" share 4,300 kW 4,300 kW <br /> of output <br /> Municipality's proportion of output 14.3% 3.7% <br /> Pro rata share of $1 million pre- $33.33 per to $8.70 per kW <br /> construction costs kW <br /> Approximate pre-construction costs $143,300 to $37,100 <br />Based upon an estimated 30,000 to 115,000 kW of total Developmental Subscriptions, <br /> <br />municipality hereby authorizes its pro rata share of up to $1,000,000 at 4,300 kW ranging from <br />$37,100 to $143,300 of such costs over the term of this Agreement. Any costs in excess of its pro <br />rata 'share may not be billed to the Municipality without the Municipality's prior written <br />agreement. <br /> <br />Page 4 <br />