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10 <br /> WHEREAS, The County and the University desire to cooperate in the design, <br /> installation,and operation of the LFG Project because of the project's environmental,public, and <br /> economic benefits. <br /> NOW, THEREFORE, in consideration of the mutual agreements, representations, <br /> warranties, and covenants contained in this Agreement, and o; ,;r good and valuable <br /> consideration,the receipt of which is hereby acknowledged,the P s hereby agree as follows: <br /> ARTICLE I <br /> DEFINITIONS <br /> 1. Adjusted BTU Equivalent Price means (a) in 2010, $9.00 per . .tu, and (b) <br /> each calendar year during the Term of the Agreement thereafter, $9.00 per MMBtu as adjusted <br /> upward on an annual, compounding bas .f ',.o percent (2%). The Adjusted BTU Equivalent <br /> ) 1i00, <br /> Prices are set forth on ExhibitA to this Agr <br /> 2. Approvals shall mean the L iv Project II'ts, easements, rights-of-way, <br /> consents, authorizations and other approvals that 4 .y be necessary for the University to install, <br /> construct,operate maintain and repair the LFG Pr. ect. <br /> Ave owance Market Price means the average monthly market price in <br /> U.S. do. as determin. ,- the methodology established by the Carbon Price Consultant in <br /> accordance , ' ...,..n .h 1_ of this Agreement, attributed to one Emission Allowance created <br /> under federal legis . ! .le United States enacting a Cap-and-Trade System to regulate GHG <br /> emissions. <br /> 4. BTU shall mean British Thermal Unit. <br /> 5. BTU Equivalent Price shall be determined monthly in advance as the Transco, <br /> zone 3 Pricing Point"midpoint" settlement price for natural gas published in the report named <br /> "Monthly Gas Price Assessments — Inside FERC" published by McGraw Hill Company. The <br /> 5 <br /> (00018638.DOC 21) <br />