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received and shall be accompanied .by a letter explaining the <br />basis on which said payments are made. In addition, WM~I shall <br />make one payment equal to one and one-half percent (1-1/2%) of <br />gross revenues received by WMMI's operations at the Property <br />between January 1, 1984 and the Commencement Date hereunder, said <br />payments to be made within ten (10) days after the Commencement <br />Date. Any such payments shall be reduced by any loss, cost, <br />expense, damage or liability (including reasonable attorneys <br />fees) resulting from any circumstances making any warranties set <br />forth in Section 9 of the Real Estate Purchase and Sale Agreement <br />dated ~, 1984, between WMMI and the City untrue as of <br />the Closing Date set forth under said Agreement. <br /> <br /> Notwithstanding the foregoing provisions of this <br />Paragraph 5, if WMMI commences deposition of solid waste on the <br />portion of the Property legally described as the North One-Half <br />(N 1/2) of the Southeast One-Quarter (SE 1/4) of Section 22, <br />Township 32, Range 25, in the City of Ramsey, County of Anoka, <br />State of Minnesota (the "Westphal Tract") then WM34I shall <br />calculate and make payments to the City as follows: WMMI shall <br />determine the total in-place volume of solid waste to be <br />deposited on the Property and the portion of the total in-place <br />volume to be deposited on the Westphal Tract pursuant to such <br />permits and approvals WMMI deems necessary to proceed with such <br />deposition on the Property as it includes the Westphal Tract in <br />accord with WMMI's engineering plans for the same. The monthly <br />payments to be made to the City for deposition of solid waste <br />pursuant to said permits and approvals shall be an amount <br />determined by multiplying twenty percent (20%) of the monthly <br />gross revenues received by WM_MI from WMMI's deposition of solid <br />waste pursuant to said permits and approvals by a fraction, the <br />numerator of which shall be the total in-place volume of said <br />waste to be deposited on the Property minus th? p~.."ti~, of the <br />total in-place volume of solid waste to be deposited on the <br /> <br />- 2 - 6/21/84 <br /> <br /> <br />