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16 Formatted: Font: 20 pt - Formatted: Font: 20 pt and County shall apply the full revenue of said fees solely toward the costs of providing services in that area of the Town of Chapel Hill situated in Durham County. B. Annually no later than April 1 County shall notify Towns of any proposed tipping fee increases and any proposed fee increases associated with multi - family and urban curbside recycling services provided pursuant to the terms of this Agreement. Subject to the terms and any exceptions in this Paragraph V County shall be solely responsible for establishing said fees. County shall establish said fees through its good faith estimate of the actual costs of providing the services contemplated by this Agreement. Fees imposed pursuant to the terms of this Agreement shall be uniform for each Town and shall be in an amount sufficient to fully cover the direct and indirect costs of providing the services contemplated by this Agreement. C. Annually no later than April 1 (Solid Waste Directors recommendation) and May 1 of each year (County Manager's recommendation if different from Directors), County shall notify Towns of the proposed tipping fees and fees associated with services other than recycling provided pursuant to the terms of this Agreement. Subject to the terms and any exceptions provided in this section, County shall be solely responsible for establishing said fees. County shall establish said fees through its good faith estimate of the actual costs of providing the services contemplated by this Agreement. Fees imposed pursuant to the terms of this Agreement shall be uniform for each Town and shall be in an amount sufficient to fully cover the costs of providing the services contemplated by this Agreement. All fees, unless otherwise provided, shall become effective on July 1 of a given year. D. Subject to the two exceptions set out below, any fee increase of more than five percent (5 %) must be approved by the Towns in advance by June 1 of any given year. 1. This Paragraph V(D) shall not apply where County has provided at least twelve (12) months' notice of said fee increase and where such increase greater than five percent (5 %) is necessary to maintain the then current level of services. 2. County's contract with its service provider, a provider of urban curbside service contemplated by this Agreement, contains provisions for annual increases in costs based on annual increases in the national Consumer Price Index ( "CPI "). This Paragraph V(D) shall not apply where a greater than five percent (5 %) fee increase is necessary based on the CPI increase requirement of County's contract with Waste Industries, or any other service provider where the service contract contains a similar provision, and where County has notified Town prior to the first day of April when such a CPI increase greater than five percent (5 %) is expected for the next fiscal year. E. In the event a Town or Towns fail to approve a multi - family or urban curbside recycling fee increase of greater than five percent (5 %) for any service where such increase is necessary to fully pay for the provision of any service contemplated by the terms of this Agreement or where such increase is necessary for County to meet its contractual obligations with any contractor engaged in providing any of the services contemplated by this Agreement County may, at its option, terminate this Agreement as it applies to any Town that fails to approve said fee increase.