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

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28 provided by the County or its consultant as an inducement for entering into this Agreement. The County shall promptly inform the University, however, of any errors, miscalculations, or omissions of which the County has knowledge, in any of the landfill reports it has prepared or furnished to the University. • 84. The University represents and warrants that it has le M authority and right to make and enter into the Agreement. B. The County's Representations 85. The County represents and warrants that it has fee simp to the Landfill Property. 86. The County represents and warrants that it has not made an assignment or agreement to sell to any party other I • versity the right to extract, collect, use, or sell the Landfill Gas. 87. The County represents and • that, bas upon calculations attached hereto as Exhibit E, previously submitted to the No " E Carolina Department of Environment and Natural Resources and performed in accordance , 'th 40 C.F.R. Part 60, Subpart WWW, the Landfill is not subject to the New Source Performance Standards for Municipal Solid Waste Landfills, 40 C.F.R. Part 60, Subpart WWW (2007) ("NSPS") or the Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills, 40 C.F.R. Part 60, Subpart Cc (2007) ("Emission Guidelines"). 88. The County represents and warrants that it has all environmental permits, authorizations, and approvals that are legally required to operate the Landfill, exclusive of any permits,authorizations,and approvals that may be necessary for the LFG Project. 89. The County represents that, in entering into this Agreement, it has relied upon its own estimates of the economic benefits of the LFG Project and has not relied upon any economic 23 {00018638.DOC 21}