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