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WHEREAS, the operation of, PEn,1s Austin- Road Landfill gas recovery facility provides LANDFILL OWNER with benefits other than royalty payments; and reduce and restructure the amount and rate of royalty payments made to LANDFILL OWNER in an effort to facilitate the continued *peration of PEn's gas recovery facility described in Exhibit 1 (Ag' the original Agreement executed on August 27, 1982; HOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, LANDFILL OWNER and PEn agree that the Austin Road Landfill Gas Lease and Operating Agreement entered into by the City of Stockton and Cambrian Energy Systems, Inc., PEn's predecessor in interest, on August 27, 1982, is hereby amended and shall read as follows: 1. Section 2 of the Lease and Operating Agreement is hereby zmended by adding the following subsections.% 2.08. If LANDFILL OWNER installs a Collection System ("LANDFILL OWNER's Collection System") in order to comply with regulations imposed by the federal government, State of California, or any agency having regulatory jurisdiction over the landfill, PEn may use all or any portion of LANDFILL OWNER's Collection System. PEn may modify the LANDFILL OWNER's Collection System as necessary in order to integrate the LANDFILL OWNER's Collection System, or any portion thereof, with any Collection System installed by PEn. If PEn elects to use all or any portion of LANDFILL OWNER's Collection System, as set forth herein, PEn shall be K