ABILITY TO PAY SETTLEMENT. CITY'S ABILITY TO PAY AMOUNT OF $2.7M WILL BE SATISFIED THROUGH CASH PAYMENT OF AT LEAST $1M, PAYABLE OVER THE FIRST FIVE YEARS AFTER THE EFFECTIVE DATE OF THE CONSENT DECREE. THE DIFFERENCE BETWEEN THE $2.7M ABILITY TO PAY AND THE $1M CASH CAN BE SATISFIED THROUGH CREDIT FOR SERVICES PERFORMED TO ASSIST EPA AS THE AGENCY IMPLEMENTS REMEDIAL ACTION FOR BOTH OU2 AND OU20 AT THE SUBSITE. THE CITY IS A LIABLE PARTY AS THE CURRENT OWNER OF A FORMER MANUFACTURED COAL GASSIFICANT FACILITY.