(a) At least one (1) year prior to the Termination Date occurring under Section 3.2(d) of this Agreement, the Company shall submit a closure plan to the LGU for the installation of final cover, the management of landfill gas and leachate, and the preparation, rehabilitation and restoration of the Sanitary Landfill site for alternative use or development. The LGU shall review the plan and may provide comments following the procedure described in Section 5.5.2. The submission of the closure plan for comment and the review by the LGU of such plan shall not constitute an approval or a warranty on its part of the technical soundness of the closure plan devised by the Company.
(b) The Company shall secure all Consents necessary including the authority to close and the approval of the DENR-EMB for the closure and post-closure aftercare of the Facilities.
(c) The Company shall carry out and complete the closure action plan within 180 Days from the Termination Date and before the physical handover of the Facilities to the LGU in accordance with Section 3.3 (Transfer of Facilities), Schedule I (Termination Buy-Out and Transfer Provisions), and all applicable Legal Requirements. For this purpose, the Independent Verifier shall issue a certification verifying that closure has been completed in accordance with the closure plan.
(d) The costs necessary for closure and post-closure activities including long-term aftercare, maintenance and monitoring of all Facilities after closure shall be set aside by the Company and deposited in an escrow account opened and maintained for such purpose to be built up annually during the Operating Period. The amount to be set aside annually by the Company at the end of each fiscal year shall be equivalent to PHP[•]. All interest earned shall accrue to such account. The terms for the creation and operation of the fund to be put in escrow shall be mutually agreed to by the Parties in a separate and definitive escrow fund agreement.
(e) The LGU at its cost shall implement post-closure care to include maintaining the integrity and effectiveness of any final cover, and maintaining and operating the gas monitoring and leachate collection systems. The LGU may redevelop any part of the Site after such transfer for any public or commercial purpose in accordance with the approved closure plan and all applicable Legal Requirements.