Common use of Host Fee Clause in Contracts

Host Fee. Company will pay to the County an escalating host fee (“Host Fee”) at a rate which is based on the average tonnage of Waste (other than County Waste) accepted per day at the Landfill each month throughout the Term. Company shall calculate the Host Fee on a monthly basis by first determining the average tonnage of Waste (other than County Waste) delivered per day to the Landfill during the applicable month, and then multiplying the Host Fee rate by the aggregate tonnage of Waste (other than County Waste) delivered to the Landfill that month. Company shall pay the Host Fee to the County as specified in Section 2.7(d). The Host Fee rate shall be determined as set forth on Exhibit B attached hereto.2 Beginning on January February 1, 2052, and on the first day of January Februrary each year thereafter, the Host Fee, as set forth on Exhibit B, shall be adjusted to reflect change from the prior year in the Consumer Price Index (CPI-U South Region) published by the Bureau of Labor for all urban consumers (the “CPI”) but not to exeedexceed 3.0% for any year. The Host Fee shall be revised accordingly in the event the Maximum Daily Weight is increased in accordance with Section 2.6. The County shall provide written notice to Company setting forth any such change in the Host Fee prior to January February 1 of each applicable year; provided, that, if the County fails to provide such notice prior to January February 1 of any applicable year, the Host Fee change shall not take place until thirty (30) days after such written notice is provided by the County unless the change is a reduction in the Host Fee, in which case the Company shall notify the County. All County Waste (including Acceptable Wastes from any County Collection Site) shall be accepted at the Landfill at the tipping fees set forth for County Waste on Exhibit B. In calculating the Host Fee, Company shall exclude all County Waste. Company shall pay the Host Fee to the County within thirty (30) days after the end of each month during the Term. Such payment shall be made in accordance with the County’s directions, which the County may, by written notice to Company, change from time to time.

Host Fee. (a) Company will pay to the County an escalating host fee (“Host Fee”) at a rate which is based on the average tonnage of Waste (other than County Waste) accepted per day at the Landfill each month throughout the Term. Company shall calculate the Host Fee on a monthly basis by first determining the average tonnage of Waste (other than County Waste) delivered per day to the Landfill during the applicable month, and then multiplying the appliable Host Fee rate by the aggregate tonnage of Waste (other than County Waste) delivered to the Landfill that month. Company shall pay the Host Fee to the County as specified in Section 2.7(d2.8(d). The applicable Host Fee rate shall be determined as set forth on Exhibit B attached hereto.2 hereto.2 (b) Beginning on January February 1, 20521 of the fourth calendar year of this Agreement (including any partial year), and on the first day of January Februrary each year thereafter, the Host Fee, as set forth on Exhibit B, shall be adjusted to reflect change from the prior year increases in the Consumer Price Index (CPI-U South Region) published by the Bureau of Labor for all urban consumers (the “CPI”) but not to exeedexceed 3.0% for any year). The Host Fee shall be revised increase accordingly in the event the Maximum Daily Weight Volume is increased in accordance with Section 2.6. The County shall provide written notice to Company setting forth any such change increase in the Host Fee prior to January February 1 of each applicable year; provided, that, if the County fails to 2 Subject to review; to be consistent with market rates. provide such notice prior to January February 1 of any applicable year, the Host Fee change increase shall not take place until thirty (30) days after such written notice is provided by the County unless the change is a reduction in the Host Fee, in which case the Company shall notify the County. . (c) All County Waste (including Acceptable Wastes from any County Collection Site) shall be accepted at the Landfill at the tipping fees set forth for County Waste on Exhibit B. In calculating the Host Fee, Company shall exclude all County Waste. Notwithstanding the foregoing, Company agrees that it shall not offer any party a tipping fee rate which is less than the rate charged to the County. (d) Company shall pay the Host Fee to the County within thirty (30) days after the end of each month during the Term. Such payment shall be made in accordance with the County’s directions, which the County may, by written notice to Company, change from time to time. (e) Beginning in the year in which occurs the second (2nd) anniversary of the approval of the Permit or the calendar year in which Waste is first accepted at the Landfill, whichever occurs later, Company will guarantee a minimum Host Fee payment to the County of two hundred fifty thousand dollars ($250,000) per year for the term of this Agreement (the “Minimum Host Fee”), whether or not such volume has been received at the Landfill. Beginning on January 1 after the first (1st) anniversary of this Agreement, and on the first day of January thereafter, the Minimum Host Fee shall be adjusted to reflect increases in the CPI. If monthly payments of the Host Fee do not meet the Minimum Host Fee in a given year, Company shall pay the excess of the Minimum Host Fee over the aggregate sum of such monthly payments to the County by January 30 of the following year. Notwithstanding the foregoing, Company shall not be liable for the minimum Host Fee payment to the extent Company is prevented from accepting Waste volume into the Landfill due to actions, rulings or decisions of the VDEQ or any other local, state or federal governmental or regulatory body, unless such action, ruling, or decision is based on Company’s violation of any applicable Governmental Requirement or Required Authorization. This obligation shall terminate the calendar year after the calendar year in which the Term ends.

Host Fee. Company will pay to the County an escalating host fee (“Host Fee”) at a rate which is based on the average tonnage of Waste (other than County Waste) accepted per day at the Landfill each month throughout the Term. Company shall calculate the Host Fee on a monthly basis by first determining the average tonnage of Waste (other than County Waste) delivered per day to the Landfill during the applicable month, and then multiplying the Host Fee rate by the aggregate tonnage of Waste (other than County Waste) delivered to the Landfill that month. Company shall pay the Host Fee to the County as specified in Section 2.7(d). The Host Fee rate shall be determined as set forth on Exhibit B attached hereto.2 hereto. Beginning on January February 1, 2052, and on the first day of January Februrary each year thereafter, the Host Fee, as set forth on Exhibit B, shall be adjusted to reflect change from the prior year in the Consumer Price Index (CPI-U South Region) published by the Bureau of Labor for all urban consumers (the “CPI”) but not to exeedexceed exceed 3.0% for any year. The Host Fee shall be revised accordingly in the event the Maximum Daily Weight is increased in accordance with Section 2.6. The County shall provide written notice to Company setting forth any such change in the Host Fee prior to January February 1 of each applicable year; provided, that, if the County fails to provide such notice prior to January February 1 of any applicable year, the Host Fee change shall not take place until thirty (30) days after such written notice is provided by the County unless the change is a reduction in the Host Fee, in which case the Company shall notify the County. All County Waste (including Acceptable Wastes from any County Collection Site) shall be accepted at the Landfill at the tipping fees set forth for County Waste on Exhibit B. In calculating the Host Fee, Company shall exclude all County Waste. Company shall pay the Host Fee to the County within thirty (30) days after the end of each month during the Term. Such payment shall be made in accordance with the County’s directions, which the County may, by written notice to Company, change from time to time.