4.6  Title and Risk of Loss

(a)  Title to the Site will vest in the LGU for the entire term of this Agreement. The LGU, however, will turnover the use and possession of the Site by way of lease in favor of the Company from the Effective Date until the Termination Date. Possession, custody and risk of loss over the Site will vest in the LGU on the Termination Date.

(b)  Subject to the terms of the Financing Agreements, title to the Facilities will vest in the Company during the Operating Period. Such title including possession, custody and risk of loss will vest in the LGU on the Termination Date.

(c)  Title to all MSW shall remain vested in the LGU when it is disposed of at the Facilities. However, the Company may conduct recyclable solid waste operation and composting at the Facilities at its cost, and retain any revenues received as a result.