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e <br /> r <br /> w. <br /> each,applicable Change in Law). The monthly surcharge for a calendar year shall be calculated using the <br /> following formula: <br /> l CAS x Co 1 <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 /> r <br /> �� _� �s the s um of the Change ih'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 N Ws once each year, <br /> eff <br /> ective ve on Ja-nuary 1..,On or before October 1 of each year, NBWS shall provide Town with notice of any <br /> e for Change in Law Costs for the following calendar year. if N Ws does net incur a projected Change <br /> surcharg W <br /> 'Lave' Cost in the amount or at the time assumed for purposes of calculating a surcharge for a calendar year, <br /> upon notice to Town N13M shall male 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 /> negative adjustment to the disposal fees due hereunder for such calendaryear. failure of� �""�to provide <br /> or net � <br /> with written notice of a surcharge e for Change in Law Costs with* <br /> Town n the required period of time: h,all result <br /> in a deferral of,such surc'har e until the beginning of the n-ext calendar year. in no case, however, shall a-ny <br /> such surcharge be retroactive in effect. w <br /> 25. AGE <br /> �� � N LAW COSTS AUDIT. N IWS shall deep and make available to Town for a,priod of sixty (60) <br /> �;r _�h <br /> days after a'N 'ems.notice to.-Town of any_surcbarge-for Change Jn .aw Costs-.isrec-eL�red.. -To�:nl��.u _ <br /> supporting records in reasonable detail,for any surcharge for Change in Laver Costs for the period covered <br /> . _ by such notice or notices, and shall permit Tow n and its agents, accountants or representatives to.examine <br /> and au.d-it all-document. boobs and records suppofting and, related to such surcharge upon reasonable <br /> advance notice and during WS's normal business hours. If Town shall dispute any item or items included <br /> b' Ws in determining an surcharge for Change in Lair Costs for the affected year or Billing. Brio <br /> y � . y <br /> within the germ, and such dispute is not settled between N Ws and Town within thirty 3 days next <br /> a month invoice for Acceptance Fees, including,al-1—adjustments, has been rendered, either N s <br /> . after any y p <br /> or Town <br /> may, during the twenty 20 days next following the expiration of the thirty 3 day period, notify <br /> the other of its election to me-date the dispute and may then refer such disputed item, or items,to a <br /> reputable, independent firm.of certified public accountants mutually selected.by N Ws and T in for <br /> decision of su&accountin: firm shall be conclusive a.nd-bindin upon Ws and Town. <br /> decision.The deco . � a . <br /> shall a subject,to the provisions of section 10 above, monthly invoices for the <br /> endin a�decrs�on,�rov�rn h pay, p . <br /> charges required to b= aid pursuant to Section, above, but not the surcharge for ,hare in Lair <br /> invoiced � p p <br /> Costs which surchar e shall e subject to a proper adjustment Immediately upon issuance of the decision. <br /> I <br /> ��(60) ays after such not��ce <br /> if To n shal1.not drs ute any stern, or iten s, of any such stater ent with1n sidays . <br /> has been received'by it,Town shall be deemed to have approved such.notice. <br /> Page 14 <br /> WASTE DISPOSAL AGREEMENT <br />