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n 1 <br /> each applicable Change in Law). The monthly surcharge for a calendar year shall be calculated using the <br /> following formula: <br /> 1 = CAS xCO/12 <br /> where: <br /> "I" is the dollar amount of the surcharge for such calendar month; <br /> "CAS" is Town's Allocable Share for such calendar year; and <br /> "CO" is the sum of the Change in Law Costs for such calendar year determined in accordance with the <br /> provisions of this Agreement. <br /> The surcharge for Change in Law Costs, if any, shall be equitably determined by NBWS once each year, <br /> effective on January 1. On or before October 1 of each year, NBWS shall provide Town with notice of any <br /> surcharge for Change in Law Costs for the following calendar year. If NBWS does not incur a projected Change <br /> in Law Cost in the amount or at the time assumed for purposes of calculating a surcharge for a calendar year, <br /> upon notice to Town, NBWS shall make an appropriate positive or negative adjustment to the surcharge for a <br /> future calendar year or, if no surcharge will be due and owing after such calendar year, an appropriate positive <br /> or negative adjustment to the disposal fees due hereunder for such calendar year. Failure of NBWS to provide <br /> Town with written notice of a surcharge for Change in Law Costs within the required period of time shall result <br /> in a deferral of such surcharge until the beginning of the next calendar year. In no case, however, shall any <br /> such surcharge be retroactive in effect. <br /> 25. CHANGE IN LAW COSTS AUDIT. NBWS shall keep and make available to Town for a period of sixty (60) <br /> days after a NBWS_notice to Town of any.surcharge for-Change in Law.Costs is received by Town with such <br /> supporting records, in reasonable detail, for any surcharge for Change in Law Costs for the period covered <br /> by such notice or notices, and shall permit Town and its agents, accountants or representatives to examine <br /> and audit all documents, books and records supporting and related to such surcharge upon reasonable <br /> advance notice and during NBWS's normal business hours. If Town shall dispute any item or items included <br /> by NBWS in determining any surcharge for Change in Law Costs for th.e affected year or Billing Period <br /> within the Term, and such dispute is not settled between NBWS and Town within thirty (30) days next <br /> after any monthly invoice for Acceptance Fees, including all adjustments, has been rendered, either NBWS <br /> or Town may, during the twenty (20) days next following the expiration of the thirty(30) day period, notify <br /> the other of its election to mediate the dispute and may then refer such disputed item, or items,to a <br /> reputable, independent firm of certified public accountants mutually selected by NBWS and Town for <br /> decision.The decision of such accounting firm shall be conclusive and binding upon NBWS and Town. <br /> Pending a decision,Town shall pay, subject to the provisions of Section 10 above, monthly invoices for the <br /> invoiced charges required to be paid pursuant to Section 8 above, but not the surcharge for Change in Law <br /> Costs,which surcharge shall be subject to a proper adjustment immediately upon issuance of the decision. <br /> If Town shall not dispute any item, or items, of any such statement within sixty (60) days after such notice <br /> has been received by it,Town shall be deemed to have approved such notice. <br /> WASTE DISPOSAL AGREEMENT Page 14 <br />