4.2(a) To the extent the District Member’s performance under this Agreement results in the District Member or the District incurring liability and associated costs under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601-9675 (commonly known as “Superfund liability”), all such costs, including all expenses of litigation or settlement, shall be treated, subject to Section 4.2(b) hereof, as obligations of the District on the same basis as other obligations of the District under this Agreement.

(b) Pursuant to Ohio Revised Code Section 5705.44, funds for satisfaction of the obligations described in Section 4.2(a) shall be expended only from earnings of the District as currently deposited into Montgomery County Treasury Sub-Fund 559, a sub-fund of Montgomery County Treasury Fund 299, or a successor or substitute fund or sub-fund used for a similar purpose. These obligations shall be limited to earnings of the District that have been deposited in Sub-Fund 559 or successor or substitute fund or sub-fund used for a similar purpose, and the obligations shall not exceed the amount of earnings of the District that have been deposited into the above-referenced fund(s) or sub-fund(s).

4.3The County shall establish and collect, and from time-to-time revise and update as necessary, Annual Property Charges and Tipping Fees sufficient to recover all of the costs incurred and expenditures made to operate and maintain the Solid Waste Processing and Transfer Facilities. The cost recovered through the Annual Property Charges and Tipping Fees include without limitation: (a) all costs for operation and maintenance for the Solid Waste Processing and Transfer Facilities; (b) the Financing Requirements; (c) and sufficient reserves, as determined by the County in its sole discretion, for future maintenance, repair and replacement of the Solid Waste Processing and Transfer Facilities including all associated equipment and structures.

4.4The County shall maintain and enforce the Operational Rules.

4.5The recommendations of the Solid Waste Advisory Committee (“SWAC”), which has been established by various Board resolutions, shall be considered by the County prior to its