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

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77 1& Environmental Laws shall mean all Federal, state and local Laws concerning pollution or protection of the environment or human health, as the foregoing are enacted or in effect, on or prior to the date hereof(including ambient air, soil, surface water, ground water, wetlands, land or subsurface strata), including without limitation: (i) the Comprehensive Environmental Response Compensation and Liability Act,42 U.S.C. §§ 9601 et seq.;(ii)the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq.; (iii) the Oil Pollution Act(33 U.S.C. §§ 2701 et seq.); (iv)the Occupational Safety and Health Act (29 U.S.C. §§ 651 et seq.); (v) the Emergency Planning and Community Right-to-Know Act(42 U.S.C. §§ 11001 et seq.); (vi)the Endangered Species Act(16 U.S.C. §§ - 1531 et seq.);(vii)the Clean Air Act(42 U.S.C. §§ 7401 et seq.);(vii)the Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.); (viii) the Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.);(ix)the Hazardous Materials Transportation Act(49 U.S.C. §§ 5101 et seq.);and(x) all North Carolina Laws comparable to the foregoing. 12. 2OExtension Period has the meaning set forth in Paragraph 9&91 20, 21:-Fair Market Value has the meaning set forth in Paragraph-1-1-1,110. 2L 32,Flare Percentage means five and three-tenths percent(5.3%). 22. 23.Flare MMBTU HHV has the meaning set forth in Paragraph i-1 1 5 23. 24.Flare Payment has the meaning set forth in Paragraph 1151U1 24. 25,Flare Start-up Date shall be the date when the flare reaches steady-state conditions and commences the continuous burning of Landfill Gas. 25 26,Forecasted Carbon Price means,for a year during the Term of this Agreement, the corresponding Forecasted Carbon Price for such calendar year set forth in Exhibit A. {00022477.DOC}