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t !I I , , (2) Submission of copies of all signed manifests pursuant to paragraph 37 (C)(1); and (3) Completion of the laboratory characterization of unknown Waste and submission of required documents pursuant to paragraph 35. B. Contractor will be paid 20% of the Waste handling costs when Department receives all signed manifests verifying receipt of all Waste by an approved final treatment or disposal facility. C. Contractor will be paid 60% of the Waste handling costs as Department receives proper certificates of treatment or disposal for the Waste. D. Contractor will be paid the final 20% of the Waste handling costs after Department receives and accepts the "Final Contract Report" as described in paragraph 39, and after final treatment or disposal of all Waste received during collection events, as verified by certificates documenting the final Waste treatment or disposal. E. Payments to Contractor fully compensate Contractor for all risk, loss, damages or expense of any nature and acceptance of payment constitutes a waiver of all claims Contractor may have. This will be the sole and complete compensation for services rendered by Contractor. 40. FINAL TREATMENT OR DISPOSAL A. Unless otherwise agreed in writing, all Waste must have undergone final treatment or disposal by December 31,2006. This amendment is not effective until fully executed by both parties. Dated this 3!2. day of January, 2006. Dated this Jll!day of January, 2006. Contractor Onyx Environmental Services, L.L.C. State of North Dakota North Dakota Department of Agriculture [;,c<;;L Paul McShane District Director J~4#~J7~, Ro r hnson Agriculture Commissioner