Agenda - 02-03-2009 - 6b - Laserfiche WebLink

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27 of the last Approval necessary to construct the Gas Conversion System and the Pipeline, the Flare Percentage shall be adjusted to equal ten and ninety-five one-hundredths percent(10.95%) for the purpose of calculating any Flare Payment under this Agreement and shall remain at such percentage until the occurrence of the Engine Start-up Date or five(5)years after the date of the issuance of the last Approval necessary to construct the Gas Conversio' ystem and the Pipeline, whichever occurs sooner. If the Engine Start-up Date does not within five (5) years after the date of the issuance of the last Approval necessary to • «' t E • Conversion System and the Pipeline, the Flare Percentage shall be adjusted to equal sixteen -tenths percent (16.6%) for the purpose of calculating any Flare Payment under this Agreement 1 • remain at such percentage until the occurrence of the Engine Start-up Date. Commencing thirty (30) days after the Effective Date of this A E.i t, the University shall hold monthly progress meetings to discuss progress toward achie E! these ;.F tion dates inch'ding the status of the construction of the components of the LFG P i ' t. The ersity shall invite representatives of the County to attend such progress meetings th University shall provide the County with reasonable adv. i,,.e written notice of the location and time of such meetings. The University shall di ute mee• F. '.I utes to the County following such progress meetings regardless of the o • .ttendance at meetings. ARTICLE IV REPRESENTATIONS OF THE PARTIES A. The U:i ersitv's Representations 83. The University represents and warrants that, in entering into this Agreement, it has relied upon its own estimates of Landfill Gas volumes, based upon publicly available waste disposal.records and standard modeling assumptions and projections. The University further represents that it has not relied upon Landfill Gas generation reports, drawings, and an'lysis 22 {00018638.DOC 21)