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Agenda - 02-03-2009 - 6b
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Agenda - 02-03-2009 - 6b
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Last modified
3/21/2016 10:50:10 AM
Creation date
1/30/2009 3:34:02 PM
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BOCC
Date
2/3/2009
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
6b
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Minutes - 20090203
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\Board of County Commissioners\Minutes - Approved\2000's\2009
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32 <br /> Notice of Termination shall be deemed a Notice of Dispute for purposes of Article XI of this <br /> Agreement and such Notice of Termination shall be submitted to dispute resolution in <br /> accordance with that Article. Subject to Article XI and except as otherwise provided in this <br /> Agreement, the termination rights provided in this Article VI are not in lieu oI but are in <br /> addition to,any other rights and remedies either Party may have under the circumstances. <br /> A. Termination Rights of the University <br /> 99. The University may issue the County a Notice of Default if the County breaches <br /> any of its material duties or obligations under this A me 1 and such breach is material to the <br /> University's rights and benefits under this Agr . ��E. If the k i ty does not cure such breach <br /> within forty-five (45) days after the date of the Um E <:> ;� s written Notice of Default, the <br /> University may issue the County a Notice of Termination. ded, however, that if by the <br /> nature of the breach, the University agrees that a cure can be achi ed, but not within forty-five <br /> (45) days, and that after ,_.*f such notice the County has begun to effect a cure without ' <br /> undue delay,then = <br /> 111, <br /> , F ve such time as is reasonably required to effect a cure with <br /> diligent effort,but in any e,'�� I (90)days from the date of the written Notice <br /> of Default from the University. <br /> 100. If, prior to 2029, the L generation rate falls below an average of 190 cfm over <br /> a consecutive one hundred eighty (180) day period due to no fault of the University, the <br /> University may issue the County a Notice of Default. If the LFG generation rate does not exceed <br /> an average of 190 cfm within the ninety (90) day period after the daze of the Notice of Default, <br /> then the University may issue the County a Notice of Termination. <br /> B. Miscellaneous Termination Events <br /> 101. This Agreement may be terminated by mutual agreement of the Parties. In <br /> addition, this Agreement shall terminate (without a cure period) if(a) the University's use of <br /> 27 <br /> (00018638.DOC 21} <br />
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