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

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33 LFG as a fuel source and for flaring should become unlawful due to no fault of the Parties;or(b) the LFG Project Permits or authorizations expire or are revoked due to no fault of the Parties and cannot be renewed or reinstated due to no fault of the Parties despite their best efforts, such that the University is unable to use the LFG as a fuel source and is unable to flare the LFG for the • remainder of the Term. C. Termination Rights of the County 102. The County may issue the University a Noti r ; De r=_° the University fails to make any of the payments due hereunder in accordance with this Agreem the University fails to cure the payment default within forty-five (45) days after the date of th en Notice of Default,then the County may issue the University a Notice of Termination. 103. The County may issue ►Y • versity a Notice of Default if the University breaches any of its material duties or obliga t a ns • Agreement(other than the making of payments in accordance with this Agreement, -rminati s of which is covered by Paragraph 102 hereunder) and such breach is material to-ry•e County's rights and benefits under this Agreement. If the University does not cure suc• breach within forty-five (45) days after the County' 'tten of Default, the County may issue the University a Notice of T- • ti _ Provided, ho -r,that if by the nature of the breach the County agrees that a cure can be achie •ut not wi forty-five (45) days, and that after receipt of such notice the University has be• I,' - t a cure without undue delay, then the University shall have such time as is reasonably uired to effect a cure with diligent effort, but in any event not to exceed ninety (90) days from the date that the University receives written Notice of Default from the County. 104. The County may issue the University a Notice of Default upon the occurrence of the following events: if the University abandons or vacates the entire LFG Project or removes 28 (00018638.DOC 21)