R2012-181 AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT

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lawfulness of the [EPA's renewal, on or about July 5, 2012, of Clinton Landfill Inc.'s chemical waste landfill permit. (b) Appeal of Adverse Ruling in TEPA Approval Challenge. In the event of an adverse ruling by the circuit court on the challenge referenced in paragraph (a) above, or the filing of an appeal by Clinton Landfill, Inc. and/or TEPA from a ruling by the Circuit Count in favor of said TEPA Approval challenge, and if directed to file such an appeal of said ruling or to defend an appeal by the City of Champaign, a fee not to exceed ten thousand and 00/100 ($10,000.00)to prosecute or defend against said appeal in the Appellate Court. (c) Prosecution of a Legal Challenge in Court to any U.S. EPA Approval. Not-to exceed total of Sixty-five Thousand and 00/100 ($65,000) if no appeal pursuant to paragraph (b)of an adverse ruling on the TEPA approval challenge is prosecuted, and of Seventy-five Thousand and 00/100 ($75,000) if an appeal of such an adverse ruling is prosecuted, for all legal work performed by the Service Providers, to include the following: i. All work performed pursuant to the Prior Agreement to date, ii. Prosecution of the legal challenge to the TEPA approval, iii. Completion of the review of the administrative record before the U.S. EPA as necessary and, in the event of a U.S. EPA Approval, preparation of a report identifying and recommending the best course of action to legally challenge such U.S. EPA Approval, and iv. the prosecution to final judgment in a federal court having proper jurisdiction of a petition, complaint or other proper pleading challenging the lawfulness of any U.S. EPA approval granted to Clinton Landfill, Inc. of the pending 3